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

Chapter 3 : Protection of Consumer Rights and Consumers’ Voice

Part A : Consumer’s right to be heard and obtain redress

68. Protection of consumer rights

 

 

1) If a consumer has exercised, asserted or sought to uphold any right set out in this Act or in an agreement or transaction with a supplier, the supplier must not, in response—
a) discriminate directly or indirectly against that consumer, compared to the supplier’s treatment of any other consumer who has not exercised, asserted or sought to uphold such a right;
b) penalise the consumer;
c) alter, or propose to alter, the terms or conditions of a transaction or agreement with the consumer, to the detriment of the consumer; or
d) take any action to accelerate, enforce, suspend or terminate an agreement with the consumer.

 

2) If an agreement or any provision of an agreement is, in terms of this Act, declared to be void, or is severed from the agreement in terms of section 52(4), the supplier who is a party to that agreement must not, in response to that decision—
a) directly or indirectly penalise another party to that agreement;
b) alter the terms or conditions of any other transaction or agreement with another party to the impugned agreement, except to the extent necessary to correct a similarly unlawful provision; or
c) take any action to accelerate, enforce, suspend or terminate another agreement with another party to the impugned agreement.