Intellectual Property Rights from Publicly Financed Research and
R 385
Consumer Protection Act, 2008 (Act No. 68 of 2008)Chapter 2 : Fundamental Consumer RightsPart A : Right of equality in consumer market10. Equality Court jurisdiction over this Part |
| 1) | In respect of an alleged contravention of this Part, an accredited consumer protection group, or any person contemplated in section 20(1) of the Promotion of Equality and Prevention of Unfair Discrimination Act, may either— |
| a) | institute proceedings before an equality court in terms of Chapter 4 of that Act; or |
| b) | file a complaint with the Commission, which must refer the complaint to the equality court, if the complaint appears to be valid. |
| 2) | In any proceedings contemplated in this Part— |
| a) | there is a presumption that any differential treatment contemplated in section 8 is unfair discrimination, unless it is established that the discrimination is fair; and |
| b) | a court may draw an inference that a supplier has discriminated unfairly if— |
| i) | the supplier has done anything contemplated in section 8 with respect to a consumer in a manner that constituted differential treatment compared to that accorded to another consumer; |
| ii) | in the circumstances, the differential treatment appears to be based on a prohibited ground of discrimination; and |
| iii) | the supplier, when called upon to do so, has refused or failed to offer an alternative reasonable and justifiable explanation for the difference in treatment. |
