The content on this page is not written by Polity.org.za, but is supplied by third parties. This content does not constitute news reporting by Polity.org.za.

The National Consumer Commission (NCC) in collaboration with the SARS (Customs Special Operations) continue to interject imported Clothing, Textile, Footwear and Leather (CTFL) that are in contravention of the Consumer Protection Act (CPA). Between July and September 2022, the NCC investigated non-compliant goods to a customs value of R7 632 301.08, as compared to R4 818 749.00 between April and June 2022.  Goods in the CTFL industry offend the CPA when they do not comply with section 24 of the Act read with regulation 6. 

SARS (Customs) officials have an obligation to inspect consignments at the port of entry; when they suspect that the goods do not meet the labelling requirements; a detention notice is issued and the NCC is notified to follow through with its investigations. Over 90% of the investigation conducted by the NCC confirmed that the goods did not comply with the labelling requirements and standards set in the CPA. 

Section 24(5) and Regulation 6 of the CPA requires that every Footwear, Leather, Clothing and Textile imported into the Republic must have a label permanently affixed and clearly indicating the following:

• A country of origin; 
• Care instructions; and
• Fibre content. 

The Acting National Consumer Commissioner Ms Thezi Mabuza said last quarter’s figures indicate an increase in goods not complying with the CPA, but the Commission remains hopeful that the NCC’s efforts to simplify the Act and engagements with importers will bear fruits. Last month, the Commission published guidelines to help importers understand the provisions of the Act. If goods imported do not comply with the provisions of the CPA, the importer is required to either return the goods to the country of origin or destroy them at their own cost. The guidelines are available at https://www.thencc.gov.za/regulations. 

The NCC enforces this requirement by either issuing a Compliance Notice or referring the contravention to the National Consumer Tribunal (NCT) for Prosecution, in which case, the Tribunal may also impose an Administrative Fine. A Compliance Notice as per the CPA is an instruction to the supplier to either re-export back to the country of origin or destroy the goods. This instruction or requirement is issued to prevent the proliferation of non-compliant goods into the South African market and contributes to the preservation of South African companies.  

The Act protects consumers who do not want to consume certain goods based on their preferences that could either be health-related, religious or political. The CPA was enacted to improve access to and the quality of information that would help consumers to make informed choices according to their individual needs and wishes. It is therefore important for importers to remember their obligations and comply with the Act. By law, importers cannot import non-compliant goods and expect to be offered an opportunity to label these goods in the Republic. 

The NCC will continue with its efforts to ensure the realisation and enjoyment of the rights of all consumers as provided for in the CPA. “We will not tolerate non-compliance by different importers. We will continue with our efforts to ensure that South African consumers are protected against any risk and harm that might be posed by these goods while preserving jobs in the CTFL sector,” she concluded.  

Issued by: National Consumer Commission (NCC)