The course will consider the rules under the Consumer Protection Act and reg 44 of the Consumer Protection Act Regulations relevant to the control of unfair contract terms and unconscionable conduct.
How the rules apply to business-to-small business contracts and franchising contracts will also be considered. Relevant case law by courts and the National Consumer Tribunal will be critically considered. Proposals will also be made on how the provisions in the Act and regulations could be improved.
Join us for this three-hour course.
When and where?
26 February 2024, 14:00 to 17:00 SAST
This course will be held remotely, most likely on Zoom - exact details will be sent to registered participants a few days before the course.
The following topics will be covered in the course:
- Why we need control and why by way of legislation
- Scope of application of the CPA and of reg 44 CPA Regulations
- Was Beadica a CPA case? (Beadica 231 CC and Others v Trustees for the time being of the Oregon Trust 2020 (5) SA 247 (CC))
- Discussion of s 40 and ss 48-52 CPA, and reg 44
- Including with reference to questionable cases such as Magic Vending (Pty) Ltd v Tambwe 2021 (2) SA 512 (WCC)
- And other cases already considering these provisions
- Section 4 on interpretation
- Procedural enforcement mechanisms relevant to right to fair terms and conduct
Who will benefit from this course?
Attorneys, advocates, magistrates, in-house legal counsel, compliance officers
Tjakie Naude is a Professor of Private Law at UCT, where she teaches the Law of Contract, including Specific Contracts, and Consumer Protection. She is a co-editor of Naude and Eiselen (eds), Commentary on the Consumer Protection Act, which is updated annually and is the leading commentary on this legislation and widely cited. Her research has been cited by the Constitutional Court, the Supreme Court of Appeal, High Courts, the National Consumer Tribunal and the Consumer Goods and Services Ombud, amongst others. She undertook comparative research on the control of unfair contract terms by legislation while a visiting fellow at the Oxford Institute of European and Comparative Law from February to November 2006. Her resultant submission to Parliament on the need for an orange list of contract terms that are presumed to be unfair under the general unfairness clause in the then Consumer Protection Bill led to regulation 44 of the Consumer Protection Act Regulations of 2011, which significantly improved consumer protection. In the meantime, she proposed that most of the terms on this orange list should be moved to the red list in s 51 CPA itself.
R1,080 per person
A certificate of attendance from UCT will be awarded to students who attend the entire course.
How to sign up
Complete and submit the registration form. You will then be given the payment information. Please note that registrations will not be accepted until payment has been made.
One or two days before the course, we will send you the Zoom link. You will need to register and use a password to enter the virtual classroom.
Registrations close three days before the course starts.
Download the brochure.