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

Chapter 3 : Protection of Consumer Rights and Consumers’ Voice

Part B : Commission investigations

73. Outcome of investigation

 

 

1) After concluding an investigation into a complaint, the Commission may—
a) issue a notice of non-referral to the complainant in the prescribed form;
b) refer the matter to the National Prosecuting Authority, if the Commission alleges that a person has committed an offence in terms of this Act; or
c) if the Commission believes that a person has engaged in prohibited conduct—
i) refer the matter to the equality court, as contemplated in section 10, if the complaint involves a matter in terms of Part A of Chapter 2;
ii) propose a draft consent order in terms of section 74;
iii) make a referral in accordance with subsection (2); or
iv) issue a compliance notice in terms of section 100.

 

2) In the circumstances contemplated in subsection (1)(c)(iii), the Commission may refer the matter—
a) to the consumer court of the province in which the supplier has its principal place of business in the Republic, if—
i) there is a consumer court in that province; and
ii) the Commission believes that the issues raised by the complaint can be dealt with expeditiously and fully by such a referral; or
b) to the Tribunal.

 

3) If the Commission refers a matter to a consumer court in terms of subsection (2)(a), any party to that referral may apply to the Tribunal, in the prescribed manner and form and within the prescribed time, for an order that the matter be referred to the Tribunal.

 

4) If an application has been made to the Tribunal in terms of subsection (3), the Tribunal may order that the matter be referred to it instead of the consumer court if the balance of convenience or interests of justice so require.

 

5) A consumer court hearing a matter referred to in this section—
a) must conduct its proceedings in a manner consistent with the requirements applicable to hearings of the Tribunal; and
b) may make any order that the Tribunal could have made after hearing that matter.

 

6) An order of a consumer court made after hearing a matter referred to in terms of this section has the same force and effect as if it had been made by the Tribunal.