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

Regulations

Consumer Protection Act Regulations

18. Definitions, interpretation and application: auctions

Purchase

1)	In regulations 19 to 30, unless the context indicates otherwise, any word or expression to which a meaning has been assigned in the Act has the same meaning, and—

"auction house"

means a company or other juristic person which from time to time conducts auctions as part of its business;

"auction without reserve"

means an auction at which—

a)	goods are sold to the highest bidder without reserve;

b)	the auction does not require a minimum bid;

c)	the auction does not allow competing bids of any type by the seller or an agent of the seller; and

d)	the seller of the goods cannot withdraw the goods from auction after the auction is opened and there is public solicitation or calling for bids;

"auctioneer"

means the person conducting an auction, irrespective of whether he or she is doing so for his or her own account or as employee of or agent for an auction house or other person;

"bidders' record"

means the document contemplated in regulation 26;

"closed auction"

means an auction where the auctioneer or the owner, as the case may be, issues an invitation to take part in an auction only to a finite list of consumers;

"game"

means game as defined in section 1 of the Game Theft Act, 1991 (Act No. 105 of 1991);

"goods"

includes, where appropriate, services;

"livestock"

means cattle, sheep, goats, pigs, horses, mules and donkeys;

"lot"

means any group of goods sold or offered for sale as a unit and identified as such;

"vendor's roll"

means the document contemplated in regulation 28(4); and

"URL"

means an operational uniform resource locator, providing access to information on the internet.

2)	Regulations 19 to 30 must be read together with section 45(6) of the Act.

3)	Subject to subregulation (4), these regulations apply to all auctions, irrespective of the nature of the goods offered on auction, the value of the property or the reason for conducting the auction.

4)	These regulations do not apply to—

a)	transactions concluded under the auspices of a registered or licensed stock exchange or similar institution; or

b)	an auction where the goods for sale have been donated for sale at an auction and the proceeds of the auction are paid to a bona fide religious, educational, cultural, welfare, social or sports organisation or body which does not as its primary activity undertake commercial or business operations,

but an auction conducted as a sale in execution or ordered by a court of law does not constitute an auction contemplated in paragraph (a).

Any provision in any agreement relating to goods sold or bought at an auction or advertised or offered for sale at an auction, or any agreement providing for conducting the auction itself, in conflict with these regulations, does not from the moment of its conception or conclusion, as the case may be, have any force or effect, but this subregulation must not be interpreted so as to prevent holding a person liable for any relevant contravention.

6)	These regulations do not detract from any law providing for or related to the advertising, sale, purchase, delivery, rendering or financing of goods.

7)	An auctioneer selling immovable property by way of auction must comply with any other applicable law in respect thereof, including legislation regulating the activities of estate agents.

8)	An auctioneer must comply with all general provisions of these regulations as well as those applicable to the category of auction or auctioneer provided for in regulations 32 and 33.