ACT
APPLICATION
WHAT YOU NEED TO KNOW/HAVE
RIGHTS INCLUDE:
The Consumer Developers and homeowners associations (HOAs) fall within the definition Protection Act of ‘suppliers’ in terms of the Act and are thus, as of October 2010, subject (CPA) to the provisions of the Consumer Protection Act in terms of which 1) The right to equality in the
Protecting various ‘Fundamental Consumer Rights’ have been identified. Not only consumer market and protection
the rights of contracting parties are covered by the Act, but also users, recipients and against discriminatory marketing
consumers beneficiaries of goods or services. practices. 2) The right to privacy.
3) The right to choose. 4) The right
The supply of any goods or services in the ordinary course of business to disclosure of information. 5)
to any of its members by a club, trade union, association, society or other The right to fair and responsible
collective, whether corporate or unincorporated, of persons; voluntarily marketing. 6) The right to fair and
associated and organised for a common purpose or purposes, whether honest dealing. 7) The right to fair,
for fair value consideration or otherwise, irrespective of whether there just and reasonable terms and
is a charge or economic contribution demanded or expected in order to conditions. 8) The right to fair value,
become or remain a member of that entity. good quality and safety. 9) The right
to accountability from suppliers.
The Promotion Organisations who employ
of Access to more than 50 staff or have an
Information Act annual turnover of R5 million
(PAIA)
In terms of Section 51 of PAIA, the head of a private body must:
Compile a Section 51 manual where electronic submissions to the Commission
are accepted, sent to [email protected] and thereafter followed by hard
copy originals.
•
manuals must be submitted to SAHRC head office at the address listed
above;
• update any material changes on the manual on a regular basis;
• make the manual available as prescribed by the Act at the company offices
and on their website;
•
must annex a request form to the manual and also make request form
available on the website and at the company premises access points;
•
there are penalties for non-compliance – please see Section 90 of PAIA – the
Commission has not imposed fines for non-compliance to date but reserves
the right to do.
The manual must among others contain the following information:
•
details of the company’s postal, email and street address, fax and phone
of the company;
•
description of available records generated by the company stating those
which are automatically available and those that are available on request;
• outline the request procedure in terms of PAIA;
• state who the head of the company is (CEO is usually the Information
Officer in terms of PAIA);
•
stipulate the fees applicable as legislated by the Act which are chargeable
to requesters;
•
remedies available to requesters if their request for information has been
refused.
The Labour Any organisation who employs Relations Act DO YOU HAVE
staff on a permanent or •
(LRA) temporary basis
An employment contract for all staff, stating job title, description of the job,
starting date, benefits, leave, salary, etc.
• A job description with performance standards for all staff
• An agreed-to document stating recruitment procedure, all conditions of
employment, a grievance procedure, a conflict handling procedure, and a
disciplinary and dismissal procedure
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