In its efforts to improve service delivery and to bring consumer justice closer to the people of Gauteng, the Gauteng Office of Consumer Affairs (GOCA) held its first regional court sitting in Germiston, recently.
The sitting, held in the old Council Chamber of the Germiston Civic Centre, follows the recent re-launch of the GCAC that took place earlier this year.
The primary function of the court, established in terms of the Gauteng Provincial Consumer Affairs (Unfair Business Practices) Act 7 of 1996, is to receive, hear and adjudicate over disputes arising between consumers and businesses during the sale of goods or rendering of services by businesses to consumers in Gauteng province.
Traditionally, the court sittings were held at the head office in Johannesburg, however, as a way of providing greater access to its services the hearings will now travel among five designated places in Gauteng.
The GCN spoke to Reeva Welman, Gauteng consumer protector, to get more insight into the Consumer Affairs Court.
Q: How does a case make its way to a Gauteng Consumer Affairs hearing?
A: “We utilise alternate dispute mechanisms to try to resolve consumer complaints so we would first try conciliation as a means of settlement.
“If we are unable to settle the matter by conciliation, we would then refer the matter to the Consumer Affairs Court for a hearing.
“If we settle the matter during the conciliation process and the parties enter into a settlement arrangement, we will then have that settlement arrangement confirmed by the court.”
Q: Does the judge/chairman remain the same for each hearing?
A: “The members (chairman and ordinary members) are appointed by the MEC for Economic Development and their appointment is confirmed by the Legislature.
“If the chairman is unable to preside, the deputy chairman may preside over proceedings.”
Q: What type of cases would be seen at the Gauteng Consumer Affairs hearing?
A: “The Consumer Affairs Court is a tribunal and as such may preside over any matter which constitutes an unfair business practice and a contravention of the Consumer Protection Act 68 of 2008 unless, according to the Act, such a contravention cannot be heard by a tribunal and must be decided by a court (Magistrates or High Court).
“Matters that would have to be decided by a court are, for example: unfair contract terms; liability for damage caused by goods, etc.
“For the most part the Consumer Affairs Court hears matters regarding defective products or unsatisfactory service, or failures by suppliers of services to complete all of the work contracted for.”
“It is hoped that the recent hearing will serve as an excellent opportunity to provide information on the Consumer Affairs Court processes and see the processes in practice,” said Welman in conclusion.
