Intellectual Property Rights from Publicly Financed Research and
R 385
Consumer Protection Act, 2008 (Act No. 68 of 2008)Chapter 3 : Protection of Consumer Rights and Consumers’ VoicePart A : Consumer’s right to be heard and obtain redress70. Alternative dispute resolution |
| 1) | A consumer may seek to resolve any dispute in respect of a transaction or agreement with a supplier by referring the matter to an alternative dispute resolution agent who may be— |
| a) | an ombud with jurisdiction, if the supplier is subject to the jurisdiction of any such ombud; |
| b) | an industry ombud accredited in terms of section 82(6), if the supplier is subject to the jurisdiction of any such ombud; |
| c) | a person or entity providing conciliation, mediation or arbitration services to assist in the resolution of consumer disputes, other than an ombud with jurisdiction, or an accredited industry ombud; or |
| d) | applying to the consumer court of the province with jurisdiction over the matter, if there is such a consumer court, subject to the law establishing or governing that consumer court. |
| 2) | If an alternative dispute resolution agent concludes that there is no reasonable probability of the parties resolving their dispute through the process provided for, the agent may terminate the process by notice to the parties, whereafter the party who referred the matter to the agent may file a complaint with the Commission in accordance with section 71. |
| 3) | If an alternative dispute resolution agent has resolved, or assisted parties in resolving their dispute, the agent may— |
| a) | record the resolution of that dispute in the form of an order, and |
| b) | if the parties to the dispute consent to that order, submit it to the Tribunal or the High Court to be made a consent order, in terms of its rules. |
| 4) | With the consent of a complainant, a consent order confirmed in terms of subsection (3)(b) may include an award of damages to that complainant. |
