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Consumer Protection Law
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The Right2Know campaign and Privacy International (PI) have applied to intervene as amici curiae in the matter of amaBhungane challenging the government on the law around spying on citizens, says a News24 report. AmaBhungane filed an application in the Gauteng High Court (Pretoria) last year, making a case that Rica (the Regulation of Interception of Communication and Provision of Communication Related Information Act) is unconstitutional.
In an outcome described by the Daily Maverick as a victory for the protection of personal information from corporate recklessness, Vodacom has coughed up R1.2m in an out-of-court settlement for handing over forensic investigator Paul O'Sullivan’s personal information to jailed former underworld boss Radovan Krejcir's legal team in 2014.
ACKNOWLEGEMENT OF DEBT: “Promises make debt, and debt makes promises”
The Credit Ombud, Nicky Lala-Mohan, says it seems there is still widespread abuse of the garnishee order system to deduct debt repayments from employees, despite a far-reaching Constitutional Court ruling tightening up the issuing of these orders. In September 2016, the Constitutional Court confirmed a High Court ruling by Judge Siraj Desai that aspects of the enforcement of emolument attachment (EAO) were unconstitutional, notes a report on the IoL site.
Recent groundbreaking judgments in the Randburg Magistrate’s Court in which it was accepted that ‘digital letters of demand’ are similar in status to conventional registered post should be embraced by the justice system, according to one expert. A report in The Witness notes the court found a digital registered SMS or e-mail complies with regulations in the ECT Act, which has requirements relating to the legality of electronic messages.
Herbex has been found to be in violation of the advertising standards code for using unjustified testimonials claiming efficacy of its Attack the Fat product in an advertisement. The Advertising Standards Authority (ASA) ruled against the advertisement, and will instruct its members not to run it, reports GroundUp.
Western Cape High Court Acting Judge Keith Engers’ ruling in Truworths Ltd and Others v Minister of Trade and Industry and Others means credit providers are no longer compelled to use payslips and bank statements as validation of income.
The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities has been flooded with letters from Christian consumers complaining that most food and beverages in their supermarkets are certified halaal, says a City Press report.
The recent court ruling that consumers do not have to produce proof of income to access credit could open a floodgate of lending by creditors. A Business Day report says clothing, furniture, food retailers and other creditors are likely to bolster their credit divisions in a bid to secure clients.
The National Credit Regulator (NCR) is seeking legal advice to appeal a recent judgment that set aside a major aspect of its affordability assessment regulations, which riled clothing retailers Mr Price, The Foschini Group and Truworths, says a Moneyweb report.
The report by the National Consumer Commission (NCC) on the time share industry could be completed before the end of the month, according to its spokesperson Trevor Hattingh.
MTN and the eThekwini Municipality have been accused of violating Durban by-laws following their joint venture to erect cellphone masts across the city. The Mercury reports the Durban Anti-Cell Mast Alliance claims that MTN has erected a total of 123 cellphone masts across the city without complying with the city’s spatial planning regulations.
King Goodwill Zwelithini, who has rejected an apology by MiWay Insurance as ‘superficial, self-serving, disingenuous and having no real value’, is planning to sue the insurance company. A Sunday Tribune report notes the apology stemmed from a leaked telephonic conversation between Zwelithini and Miway sales agent Sthembiso Sithole, who offered the Zulu monarch low premiums on his car insurance, house and furniture.
The Treasury estimates the total debt that could fall under debt extinguishing provisions of the National Credit Amendment Bill proposed by Parliament’s Trade and Industry Committee could range from R13.2bn to R20.7bn, notes a Business Day report.
Parliament’s Justice Committee has backed Zulu King Goodwill Zwelithini who is considering lodging a complaint with the Information Regulator and taking legal action against MiWay over a leaked recorded conversation between a salesman and the king, which starts with the salesman addressing Zwelithini by his first name.
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