Act no: 68 of 2008

Type: Rules-based

Purpose: To promote a fair, accessible, and sustainable marketplace by establishing national norms and standards for consumer protection, prohibiting unfair business practices, and ensuring improved standards of consumer information.

This Act applies to every transaction occurring within the Republic, unless exempted, and to the promotion of any goods or services within the Republic.

E-commerce and online retailers, Telecommunications providers, Financial services and fintech platforms, Retail and consumer goods sectors, Marketing and advertising agencies.

• Prohibition of Fraudulent Schemes: No person may initiate, sponsor, promote, or knowingly participate in the distribution of any communication that falsely states, implies, or represents that the communication is authorized by another person or that the author represents another person. [Section 42]
• General Standards for Marketing: A producer, importer, distributor, retailer, or service provider must not market any goods or services in a manner that is misleading, fraudulent, or deceptive in any way, including in respect of the nature, properties, advantages, or uses of the goods or services. [Section 29]

The National Consumer Tribunal may impose administrative fines up to 10% of the respondent’s annual turnover during the preceding financial year or R1 million, whichever is greater. [Section 112]

Certain contraventions may lead to criminal prosecution, resulting in fines or imprisonment. [Section 113]

Non-compliant businesses may face enforcement actions by the NCC, including compliance notices and referrals to the NCT. [Section 100]

Trust in an organisation and its brand can be significantly damaged, leading to the potential loss of customers, contracts, and licence eligibility.

CyberProfiler: Your External Vulnerability Scan

Performs a safe, external scan of your public digital footprint to detect security weaknesses visible to attackers.

• Prohibition of Fraudulent Schemes: By identifying vulnerabilities that could be exploited for fraudulent digital communications, it helps prevent unauthorized representations. [Section 42]
• General Standards for Marketing: Ensures that digital platforms are secure, reducing the risk of deceptive marketing practices through compromised systems. [Section 29]

DMARC: Stop Email Spoofing and Protect Your Brand

Enforces domain-based email authentication to block spoofing, stop phishing, and boost email deliverability.

• Prohibition of Fraudulent Schemes: Prevents unauthorized use of your domain in fraudulent emails, safeguarding against false representations. [Section 42]
• General Standards for Marketing: Ensures that marketing communications are authenticated, maintaining trust and compliance with fair marketing practices. [Section 29]

• Southern African Legal Information Institute (SAFLII): Link to the Act
• Law Library: Link to the Act
• Michalsons: Consumer Protection: Michalsons Blog

(Links verified and active as of May 2025)

Where appropriate, we link to Michalsons’ expertly maintained legal resources and plain-language explanations. We gratefully acknowledge their role in making South African legislation more accessible and understandable.