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

Chapter 5 : National Consumer Protection Institutions

Part A : National and provincial co-operation

83. Co-operative exercise of concurrent jurisdiction

 

 

1) As contemplated in section 41(2) of the Constitution, the Minister must consult with the responsible Member of any relevant provincial Executive Council—
a) to co-ordinate and harmonise the functions to be performed by the Commission and one or more provincial consumer protection authorities; and
b) when necessary, to facilitate the settlement of any dispute between the Commission and one or more provincial consumer protection authorities,

concerning the functions to be performed by them relating to consumer protection.

 

2) If this Act contemplates that the respective provincial consumer protection authorities will perform a particular function within their respective provinces, and—
a) within a particular province, no provincial consumer protection authority has been established; or
b) the Minister concludes on reasonable grounds that the provincial consumer protection authority within a particular province is unable to perform that function effectively,

the Minister must consult with the responsible MEC of that province to determine the steps to be taken to ensure the fulfilment of that statutory obligation.

 

3) At the request of the relevant MEC of a province, or a provincial consumer protection authority, the Commission—
a) may engage with that provincial consumer protection authority in cooperative activities of research, publication, education, staff development and training; and
b) in consultation with the Minister, may—
i) engage with that provincial consumer protection authority in staff exchanges or secondments; or
ii) provide technical assistance or expertise to that provincial consumer protection authority.

 

4) At the request of the relevant MEC of a province, or a provincial consumer protection authority, the Commission may engage with that provincial consumer protection authority in co-operative activities to detect and suppress prohibited conduct or offences in terms of this Act, if there are reasonable grounds to believe that any such conduct or offences may be occurring within the province, or across its provincial boundaries.

 

5) At the direction of the Minister, the Commission must engage with any relevant provincial consumer protection authority in co-operative activities to detect and suppress prohibited conduct or offences in terms of this Act, occurring within the province or across its provincial boundaries.

 

6) The Commission may request a provincial consumer protection authority to submit any report or information related to the activities of that provincial consumer protection authority to the Commission.