Thank you very much. The Select Committee on Economic and Foreign Affairs considered on 4 November 2008 the Consumer Protection Bill, Bill 19D of 2008, and the amendments incorporated by the National Assembly on 26 September 2008. The amendments relate to the following.
Firstly, in terms of the labelling of genetically modified organisms, the Bill was amended to include the labelling of products containing genetically modified ingredients in order to inform consumers and enable them to choose. The Bill also seeks to hold suppliers, manufacturers and retailers strictly liable for damage caused by their genetically modified products.
Secondly, regarding implied warranties, sections 54 and 56 of the Bill were amended to enable consumers to choose whether they want the goods to be repaired or get a refund, in line with the common understanding that a refund to a consumer should not be at the discretion of the supplier. This relates to goods that are not fit for the purpose for which they were bought or are of poor quality.
Thirdly, there is the matter of the appointment of deputy commissioners. The Bill is amended to enable the Minister to appoint deputy commissioners in order to capacitate the National Consumer Commission and provide for a structured decision-making authority to assist the commissioner.
The exclusion of the appointment of deputy commissioners was an oversight. As we are quite aware that this country has a shortage of commissioners, we therefore requested that the Minister at least appoints deputy commissioners. This would ensure that the process of addressing issues is fast-tracked, more especially on the part of consumers.
Fourthly, in terms of alignment with the National Credit Act of 2005, the Bill makes provisions for consequential amendment of the National Credit Act provisions empowering the National Consumer Tribunal to impose a fine. The extension of the powers of the tribunal to impose financial penalties is in line with the Consumer Protection Act.
Fifthly, with regard to the application of the Act, the Bill is amended to ensure that it does not regulate the trade union service and its members. Furthermore, the threshold for regulating business-to-business transactions is amended to ensure that the Bill only protects small and medium-sized businesses from unfair business practices. Therefore, the threshold is no longer based on the size of the transaction, but on the value of the turnover and the value of the assets.
In conclusion, I request this House to vote in favour of this Bill. I thank you.
Debate concluded.
Question put: That the Bill be agreed to.
IN FAVOUR: Eastern Cape, Free State, Gauteng, Mpumalanga, Northern Cape, North West, Western Cape.
ABSTAIN: KwaZulu-Natal, Limpopo.