Comrade Chair, perhaps before I start, let me indicate that my initials are not "B J" as written. I have no problem if they are indicated as either "M J" or "J M". I think "B J" is hon Tolo. Are you not "B J"? [Interjections.] Thank you.
Comrade Chairperson, hon Minister, departmental officials, colleagues, comrades, ladies and gentlemen, during its 52nd national conference, the ANC adopted resolutions on the adverse impact of advertising on society affecting especially the youth and children. In this regard, the ANC resolved that -
... measures be instituted to protect and safeguard children and youth against negative effect of harmful advertising. Those measures have to also ensure that advertising that continues to entrench gender stereotypes and comodification of women is curbed.
Issues of advertising and promotion that lead to the abuse of consumer rights are not merely commercial, but also ideological. The main pillar of consumer exploitation through advertising is the culture and ideology of consumerism. Therefore, issues of consumer protection are also about the battle of ideas in society. In this regard, the ANC argued that -
... the battle of ideas must be conducted in deeds and not only in theory, and these deeds must find practical expression through the ANC structures.
This Bill is the manifestation of a battle of ideas and requires to be understood in that context because it goes against the accumulation logic of capital, and as such will be faced with enormous offensive attacks from bourgeois intellectuals. This is where the ANC needs to be unwavering in invoking its resolution that calls for a vigorous communication of its outlook and values such as a developmental state, collective rights, values of caring and community solidarity, ubuntu, nonsexism, etc, against the media's ideological outlook of neoliberalism, a weak and passive state, and an overemphasis on individual rights, market fundamentalism, etc.
Consumer protection issues have long been on the ANC agenda. For instance, in the Reconstruction and Development Programme, RDP, the ANC called for legislation to be rapidly developed to address consumer protection. This Bill has to ensure, as some of its objectives, that it establishes a legal framework for the achievement and maintenance of a consumer market that is fair, accessible, efficient, sustainable and responsible to the benefit of consumers generally. It seeks to reduce any disadvantages experienced in accessing any supply of goods or services by the following consumers: Those who are low-income persons or persons comprising low-income communities; who live in remote, isolated or low-density population areas or communities; who are minors, seniors or other similarly vulnerable consumers; or whose ability to read and comprehend any advertisement, agreement, mark, instruction, warning or notice is limited by reason of low literacy, vision impairment or limited fluency in the language in which it is advertised.
Other critical aspects of the Bill relate to the promotion of fair business practices, the protection of consumers from unconscionable, unfair, unreasonable, unjust or otherwise improper trade practices, as well as deceptive, misleading, unfair and fraudulent conduct. The Consumer Protection Bill also serves another purpose of improving consumer awareness and information and encouraging responsible and informed consumer choice, while promoting consumer confidence and empowerment and the development of a culture of consumer responsibility through individual and group education, vigilance, advocacy and activism.
Ladies and gentlemen, it is the belief of our committee that a Bill like this, when passed into law, will enable most of our people, especially the rural masses who are not as yet active participants in transactions. Usually they buy what they find available in the market without the necessary background information for themselves to be able to make informed choices. In this sense, we also believe, as a committee, that certain practices in business, which do not enable consumers to be what they are supposed to be, will be limited, curbed or even prevented. If they happen to take place, they will be followed up on until successful conclusion.
Let me give you an example. I once gave this example when we were in discussions with the department. I usually shop at Discom - don't tell them, please. They are down here. One day I went there - I hope they are not around. I was looking for a perfumed petroleum jelly for my son - he likes it so much. When I went to the shelves, I found that it was priced at R13,99. So, I checked how much I had and I realised I didn't have enough money. Nonetheless, I thought I could cut out some items so that my son could be happy. When I went to the teller, the item turned out to be R11,99 after it was scanned. Can you imagine that? So, I happened to save R2 indirectly. What this then means is that if it had been the other way round, I would have definitely been in trouble. Perhaps, in this case, it was one of those things that contributed to a positive saving on my part. Perhaps if this Bill becomes law, some of these things might be excluded - I don't know. But this is one of the experiences I once had.
On another occasion, I went to Clicks - don't tell them, please. [Interjections.] I was looking for a big soup mug - the big one. I moved around and found it. It was R10. But when I went to the teller, it turned out to be R8,50. These are some of the things which, in this context, tend to work a little bit to the advantage of those of us who do not have enough in our pockets. However, it does happen the other way round. You may find that it is written on the shelves that an item costs R8, but when you go to the tellers you find that it is R10, R11, etc. So, hon Minister, these are some of the things we feel need to be put right.
One other important aspect of the Consumer Protection Bill is that it repeals and replaces laws under the existing regulatory framework such as the Consumer Affairs (Unfair Business Practices) Act of 1988, Trade Practices Act of 1976, etc. In this way, we believe that the repealing of these pieces of legislation and the replacing of some parts of other legislation of the same kind will help streamline not only the pieces of legislation themselves, but also the processes and procedures in dealing with all those that might come up as malpractices in business. This will make it easy, at least, for our people to have an approach that will enable them to access all institutions, unlike now. You find that you go to one institution, and the matter is taken up somewhere else. Therefore, then, you have to go to the next institution. This happens until you no longer know where else to go and what it is that may come out at the ultimate end.
As a committee, we have satisfied ourselves that the Bill has laid down proper procedures, processes and mechanisms which enable us as a country to curb, prevent or even combat any business malpractices that may come about. This, we believe, will strengthen the hands of our people, especially the rural masses. We would be very pleased if the hon Minister, in his concluding remarks for the debate, could give a general outline as to how he sees the education campaign aimed at our people concerning this Bill unfolding, as well as the role of both provinces and municipalities so that we are able to understand this as we talk. When the time comes for the regulatory mechanisms to be put in place, this would have at least given us a chance to make more insight into it and be able to contribute greatly.
The Select Committee on Economic and Foreign Affairs supports the Bill unreservedly and urges this hon House to do the same. Thank you, Comrade Chair. [Applause.]