The Portfolio Committee on Trade and Industry has commended the acting Commissioner of the National Consumer Commission (NCC) for indicating his intention to forge better relations with the National Consumer Tribunal (NCT).
Members of the public who want to register complaints against merchants do so first to the Commission, in terms of the Consumer Protection Act or the National Credit Act, after which the complaints are taken through a process. Compliance notices may then be issued to the alleged offenders.
The Tribunal is the final arbiter on consumer matters and after hearing the arguments of all sides it rules on a matter. Its rulings have the same standing as those of a High Court.
Ms Joanmariae Fubbs, chairperson of the Committee, has indicated that certain sections of the Consumer Protection Act regarding compliance notices need to be reviewed to ensure smooth running of the organisation. She agreed with Mr Ebrahim Mohamed, acting Commissioner of the NCC, that the Council and the Tribunal should not have different interpretations of the Act.
Mr Mohamed, who has recently been appointed to his position, indicated that he wanted to foster better relations with the NCT.
“I want to have discussions about the interpretation of law and how to forge ahead without having to resort to legal action.”
Last month Ms Mamodopi Mohlala-Mulaudzi, then Commissioner of the NCC, appeared before the Committee and rejected the findings of a damning report on her organisation by the NCT.
The report stated that the Council had in some cases "failed to follow due process", but Ms Mohlala-Mulaudzi said the Tribunal had not given specific examples of this.
In his presentation Mr Mohamed indicated that since January 2012 most of the complaints the Commission received were about motor vehicles, 1 367, followed about complaints against the retail industry, 1 198. The fewest complaints were received regarding promotions and fraudulent schemes.
Between April 2012 and last month, 34% of the complaints received were resolved.Ms Fubbs further indicated that there were flaws in the Act where for example reference would be made to subsections that did not exist in the Act.
“We cannot allow that Act to remain flawed and in our report (on the Commission) we must make the Minister aware of it.”
She further encouraged Mr Mohamed to make the public more aware of the work of the National Consumer Commission, so that public would readily approach the Commission with its complaints.
Closer ties for South African consumer bodies
