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Consumer Protection Act, 2008 (Act No. 68 of 2008)

Chapter 6 : Enforcement of Act

Part D : Miscellaneous matters

115. Civil actions and jurisdiction

 

 

1) If an agreement, provision of an agreement, or a notice to which a transaction or agreement is purported to be subject, has been declared by a provision of this Act to be void, that agreement, provision or notice must be regarded as having been of no force or effect at any time, unless a court has declared that the relevant provision of this Act does not apply to the impugned agreement, provision or notice.

 

2) A person who has suffered loss or damage as a result of prohibited conduct, or dereliction of required conduct—
a) may not institute a claim in a civil court for the assessment of the amount or awarding of damages if that person has consented to an award of damages in a consent order; or
b) if entitled to commence an action referred to in paragraph (a), when instituting proceedings, must file with the registrar or clerk of the court a notice from the Chairperson of the Tribunal in the prescribed form—
i) certifying whether the conduct constituting the basis for the action has been found to be a prohibited or required conduct in terms of this Act;
ii) stating the date of the Tribunal’s finding, if any; and
iii) setting out the section of this Act in terms of which the Tribunal made its finding, if any.

 

3) A certificate referred to in subsection (2)(b) is sufficient proof of its contents.

 

4) An appeal or application for review against an order made by the Tribunal in terms of this Act suspends any right to commence an action in a civil court with respect to the same matter, unless the court orders otherwise.