In this issue:
- South Africa Consumer Protection: Court orders municipalities to comply with the CPA
South Africa Consumer Protection: Court orders municipalities to comply with the CPA
The North Gauteng High Court in Pretoria recently set aside Government’s exemption of low and medium capacity municipalities from complying with certain sections of the Consumer Protection Act (“CPA”) relating to service delivery.
Judge Margaret Victor (“Victor”) set aside the Government’s global exemption but allowed the Minister of Trade and Industry, Rob Davies, to publish a notice, no later than July 31 2013, listing each municipality that cannot comply with the CPA and would require an exemption.
Judge Victor said “There may be concerns that once the CPA applies to all, citizens would rush to enforce their rights. That cannot influence this court. The rights and concerns of consumers cannot be deferred indefinitely.”
The CEO of AfrForum, Kallie Kriel, which brought the application, welcomed the verdict and said “This is not only a victory for AfriForum, but for everyone in the country who is fed up with poor municipal service delivery.”