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

Chapter 2 : Fundamental Consumer Rights

Part A : Right of equality in consumer market

8. Protection against discriminatory marketing

 

 

1) Subject to section 9, a supplier of goods or services must not unfairly—
a) exclude any person or category of persons from accessing any goods or services offered by the supplier;
b) grant any person or category of persons exclusive access to any goods or services offered by the supplier;
c) assign priority of supply of any goods or services offered by the supplier to any person or category of persons;
d) supply a different quality of goods or services to any person or category of persons;
e) charge different prices for any goods or services to any persons or category of persons;
f) target particular communities, districts, populations or market segments for exclusive, priority or preferential supply of any goods or services; or
g) exclude a particular community, district, population or market segment from the supply of any goods or services offered by the supplier,

on the basis of one or more grounds of unfair discrimination contemplated in section 9 of the Constitution or Chapter 2 of the Promotion of Equality and Prevention of Unfair Discrimination Act.

 

2) Subject to section 9, a supplier must not directly or indirectly treat any person differently than any other, in a manner that constitutes unfair discrimination on one or more grounds set out in section 9 of the Constitution, or one or more grounds set out in Chapter 2 of the Promotion of Equality and Prevention of Unfair Discrimination Act, when—
a) assessing the ability of the person to pay the cost, or otherwise meet the obligations, of a proposed transaction or agreement;
b) deciding whether to enter into a transaction or agreement, or to offer to enter into a transaction or agreement;
c) determining any aspect of the cost of a transaction or agreement to the consumer;
d) interacting with the consumer—
i) in the supplier's place of business, or
ii) in the course of displaying or demonstrating any goods, testing or fitting any goods, or negotiating the terms of a transaction or agreement; or
e) selecting, preparing, packaging or delivering any goods for or to the consumer, or providing any services to the consumer;
f) proposing or agreeing the terms and conditions of a transaction or agreement;
g) assessing or requiring compliance by the person with the terms of a transaction or agreement;
h) exercising any right of the supplier under a transaction or agreement in terms of this Act or applicable provincial consumer legislation
i) determining whether to continue, enforce, seek judgment in respect of, or terminate a transaction or agreement; or
j) determining whether to report, or reporting, any personal information of such person.

 

3) Subsections (1) and (2) also apply in respect of a consumer that is an association or juristic person, to prohibit unfair discrimination against that association or juristic person based on the characteristics of any natural person who is a member, associate, owner, manager, employee, client or customer of that association or juristic person.

 

4) Nothing in this section is intended to limit the authority of a court to—
a) consider any conduct between a supplier and a consumer that is not contemplated in this section; or
b) find that any such conduct constitutes unfair discrimination within the meaning of the Constitution or the Promotion of Equality and Prevention of Unfair Discrimination Act.