National Consumer Commission. 22 August 2012. Responses from NCC. Index. Undated document Dated document: NCT to declare conduct prohibited NCT judgments do not give reasons, or guidance Insufficient funding to review NCT judgements NCT report to the dti City of Johannesburg v NCC
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22 August 2012
NCT to declare conduct prohibited
NCT judgments do not give reasons, or guidance
Insufficient funding to review NCT judgements
NCT report to the dti
City of Johannesburg v NCC
MTN and Vodacom
Section 69 and 71
The impact on small businesses
Paragraph 8 provides a cursory answer;
Paragraphs 4 and 15 promise answers
Save for the above, this document does not answer the questions posed by the Committee.
‘‘prohibited conduct’’ means an act or omission in contravention of the CPA
Outcome of investigation
73. (1) After concluding an investigation into a complaint, the Commission may—
(c) if the Commission believes that a person has engaged in prohibited conduct—
(i) refer the matter to the equality court, as contemplated in section 10, if the complaint involves a matter in terms of Part A of Chapter 2;
(ii) propose a draft consent order in terms of section 74;
(iii) make a referral in accordance with subsection (2); or
(iv) issue a compliance notice in terms of section 100.
Nayyara Distribution Enterprise CC v Earlyworks 266 (Pty) Ltd t/a Gloria Jeans Coffees SA
The NCT refers to section 73 “...if the Commission believes that a person has engaged in prohibited conduct...”
The NCT criticised the decision of the Commission to issue a Compliance Notice (Par 32):
"by failing to refer / non-refer the matter and opting for the compliance notice route, the NCC has effectively closed the Applicant off from accessing interim relief, a potential claim for damages and other remedies under the law."
Section 96 CPA: “The Commission is responsible to increase knowledge of the nature and dynamics of the consumer market, and to promote public awareness of consumer protection matters, by—
(b) providing guidance to the public by—
(ii) applying to a court for a declaratory order on the interpretation or application of any provision of this Act; ...”