An investigation of the consumer protection Act (2008) and plain language application at selected businesses in the Port Elizabeth metropole
- Authors: Van Jaarsveld, Roslynn
- Date: 2015
- Subjects: South Africa. Consumer Protection Act, 2008 , Consumer protection -- Law and legislation -- South Africa , Administrative law -- South Africa -- Language , Administrative law -- Language
- Language: English
- Type: Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10948/4012 , vital:20504
- Description: Businesses communicate a wide variety of messages to diverse audiences using a number of different communication types and channels daily. For example, business communication includes business reports, documents (booklets, leaflets, and official communiqués), notices, agreements, web copy and advertisements that are produced continually to address a variety of business communication needs for a variety of audiences. Although written business communication has a significant impact on customer satisfaction and consumer attitude which, in turn, affects consumer behaviour positively or negatively, there is a lack of research investigating the knowledge and application of plain language in business communication. Many studies were found to be related to communication and language, however, studies about plain language use were less prevalent. Therefore, this study aimed to investigate the awareness of the plain language regulations stipulated in the South African Consumer Protection Act (CPA) 68 of 2008 (2009). The application of these plain language principles within businesses in the Port Elizabeth Metropole, with specific reference to its use in written business communication was also investigated. The study also aimed to identify plain language best practices and constraints resulting from plain language application or non-application within the selected organisations. The research focused attention on the impact of business communication on customer satisfaction, consumer attitude and, ultimately, consumer behaviour as well as the need for plain language use in written business communication practices to ensure effective and fair (ethical) communication. A comprehensive literature review was conducted on communication, communication theory and consumer behaviour, as well as on plain language principles which might add to the effectiveness of organisations’ written business communication, to provide a theoretical foundation for the study. The study’s research methodology was approached from a phenomenological (descriptive and interpretive), and somewhat positivistic perspective, utilising qualitative and limited quantitative measures to obtain data. For this reason, three managers from three respective organisations within the Port Elizabeth Metropole were interviewed and asked to complete a rating-scale survey to obtain insight on the written business communication practices of these organisations. A content analysis of documents supplied by the participating organisations were also reviewed to provide commentary on the plain language application in each organisation. Furthermore, Section 2 of the South African CPA 68 of 2008 (2009) was also reviewed to measure and comment on the application of plain language in these organisations. Based on the data analysis, it was evident that organisations in the Port Elizabeth Metropole were aware of plain language and the plain language regulations stipulated in the South African CPA 68 of 2008 (2009), but that they were not certain what the regulations entailed exactly. Furthermore, plain language principles were applied in the participating organisations, however, complications and areas for possible improvement were identified in the data. From the study’s findings, various recommendations were made that could assist the organisations to improve their organisations’ plain language application. These recommendations included, for example, appointing plain language champions to monitor plain language application in the organisation, as well as assessing language competence of staff and training them to improve their language competencies. Recommendations for future research suggested that future studies needed to include a larger research sample, a more diverse sample population to include consumers and a broader industrial demographic. In addition, future studies could attempt to investigate communication barriers that inhibit or challenge comprehension in consumer communication.
- Full Text:
- Date Issued: 2015
- Authors: Van Jaarsveld, Roslynn
- Date: 2015
- Subjects: South Africa. Consumer Protection Act, 2008 , Consumer protection -- Law and legislation -- South Africa , Administrative law -- South Africa -- Language , Administrative law -- Language
- Language: English
- Type: Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10948/4012 , vital:20504
- Description: Businesses communicate a wide variety of messages to diverse audiences using a number of different communication types and channels daily. For example, business communication includes business reports, documents (booklets, leaflets, and official communiqués), notices, agreements, web copy and advertisements that are produced continually to address a variety of business communication needs for a variety of audiences. Although written business communication has a significant impact on customer satisfaction and consumer attitude which, in turn, affects consumer behaviour positively or negatively, there is a lack of research investigating the knowledge and application of plain language in business communication. Many studies were found to be related to communication and language, however, studies about plain language use were less prevalent. Therefore, this study aimed to investigate the awareness of the plain language regulations stipulated in the South African Consumer Protection Act (CPA) 68 of 2008 (2009). The application of these plain language principles within businesses in the Port Elizabeth Metropole, with specific reference to its use in written business communication was also investigated. The study also aimed to identify plain language best practices and constraints resulting from plain language application or non-application within the selected organisations. The research focused attention on the impact of business communication on customer satisfaction, consumer attitude and, ultimately, consumer behaviour as well as the need for plain language use in written business communication practices to ensure effective and fair (ethical) communication. A comprehensive literature review was conducted on communication, communication theory and consumer behaviour, as well as on plain language principles which might add to the effectiveness of organisations’ written business communication, to provide a theoretical foundation for the study. The study’s research methodology was approached from a phenomenological (descriptive and interpretive), and somewhat positivistic perspective, utilising qualitative and limited quantitative measures to obtain data. For this reason, three managers from three respective organisations within the Port Elizabeth Metropole were interviewed and asked to complete a rating-scale survey to obtain insight on the written business communication practices of these organisations. A content analysis of documents supplied by the participating organisations were also reviewed to provide commentary on the plain language application in each organisation. Furthermore, Section 2 of the South African CPA 68 of 2008 (2009) was also reviewed to measure and comment on the application of plain language in these organisations. Based on the data analysis, it was evident that organisations in the Port Elizabeth Metropole were aware of plain language and the plain language regulations stipulated in the South African CPA 68 of 2008 (2009), but that they were not certain what the regulations entailed exactly. Furthermore, plain language principles were applied in the participating organisations, however, complications and areas for possible improvement were identified in the data. From the study’s findings, various recommendations were made that could assist the organisations to improve their organisations’ plain language application. These recommendations included, for example, appointing plain language champions to monitor plain language application in the organisation, as well as assessing language competence of staff and training them to improve their language competencies. Recommendations for future research suggested that future studies needed to include a larger research sample, a more diverse sample population to include consumers and a broader industrial demographic. In addition, future studies could attempt to investigate communication barriers that inhibit or challenge comprehension in consumer communication.
- Full Text:
- Date Issued: 2015
The impact of the Consumer Protection Act, 2008 on the accomodation segment of the tourism industry
- Authors: Tait, Andrew Mark
- Date: 2012
- Subjects: South Africa -- Consumer Protection Act, 2008 , Consumer protection -- Law and legislation -- South Africa , Tourism
- Language: English
- Type: Thesis , Doctoral , LLD
- Identifier: vital:10247 , http://hdl.handle.net/10948/d1019922
- Description: The tourism industry is critically important for the economic well-being of South Africa. This realisation elicited a greater focus on the industry, including greater government regulation thereof. Although the concept of a tourist (consumer of tourism services) will not readily conjure up someone in need of protection, tourists are often exposed to exploitation through unfair business practices. Tourists, by definition, are outside their normal places of residence and often strangers to the environment within which they find themselves. For the important tourism industry to achieve its economic potential the protection of the tourist must be paramount. The introduction of the Consumer Protection Act, 2008 in 2010 was heralded as a new dawn for consumers. The CPA provides consumers, including domestic and foreign tourists, with extensive consumer rights. As the CPA is the first comprehensive legislation aimed at consumer protection the impact of the Act is far from known. The CPA caused considerable uncertainty in the tourism industry establishing a clear need to determine its impact on the segments of the industry. This study focuses on the accommodation segment. The aim of the study therefore is to ascertain the impact of selected consumer rights on the accommodation segment of the tourism industry. An overview of the tourism industry reveals that tourists are becoming more experienced, demanding and discerning. The regulation of the industry is explained. Particularly relevant are latest developments in South Africa, particularly the Draft Tourism Bill, 2011 and the National Tourism Sector Strategy. The consumer protection regime applicable prior to the coming into effect of the CPA was characterised more by ad hoc legislative arrangements than any systematic programme of consumer protection. Consumers were reliant on the common law. However, as part of a larger scheme to improve the socio-economic well-being of the people of South Africa, the government introduced a number of statutes including the CPA. The CPA introduced wide-ranging rights for the protection of consumers and mechanisms to provide effective redress. Selected consumer rights are critically analysed to assess the impact of these rights on the accommodation segment. These include the consumer’s right to equality in the market place; the right to privacy; the right to cancel advance bookings; the right to documentation in plain language; the right to quality service; and the right that a supplier having possession of the property of guest must account for such property. Another important aspect relates to the use of exemption provisions. The use of exemption provisions by suppliers is severely curtailed by the CPA. The use of prepaid vouchers, trade coupons and similar promotions, and customer loyalty programmes are also considered and the rights and obligations for consumers and suppliers respectively are elucidated. Many of the rights considered will have a significant impact on accommodation establishments. Elsewhere the impact may not appear to be as significant as the CPA is merely codifying an existing right or remedy. However, codifying the right, providing examples of the conduct prohibited and providing enforcement mechanisms will increase the efficacy of these rights.
- Full Text:
- Date Issued: 2012
- Authors: Tait, Andrew Mark
- Date: 2012
- Subjects: South Africa -- Consumer Protection Act, 2008 , Consumer protection -- Law and legislation -- South Africa , Tourism
- Language: English
- Type: Thesis , Doctoral , LLD
- Identifier: vital:10247 , http://hdl.handle.net/10948/d1019922
- Description: The tourism industry is critically important for the economic well-being of South Africa. This realisation elicited a greater focus on the industry, including greater government regulation thereof. Although the concept of a tourist (consumer of tourism services) will not readily conjure up someone in need of protection, tourists are often exposed to exploitation through unfair business practices. Tourists, by definition, are outside their normal places of residence and often strangers to the environment within which they find themselves. For the important tourism industry to achieve its economic potential the protection of the tourist must be paramount. The introduction of the Consumer Protection Act, 2008 in 2010 was heralded as a new dawn for consumers. The CPA provides consumers, including domestic and foreign tourists, with extensive consumer rights. As the CPA is the first comprehensive legislation aimed at consumer protection the impact of the Act is far from known. The CPA caused considerable uncertainty in the tourism industry establishing a clear need to determine its impact on the segments of the industry. This study focuses on the accommodation segment. The aim of the study therefore is to ascertain the impact of selected consumer rights on the accommodation segment of the tourism industry. An overview of the tourism industry reveals that tourists are becoming more experienced, demanding and discerning. The regulation of the industry is explained. Particularly relevant are latest developments in South Africa, particularly the Draft Tourism Bill, 2011 and the National Tourism Sector Strategy. The consumer protection regime applicable prior to the coming into effect of the CPA was characterised more by ad hoc legislative arrangements than any systematic programme of consumer protection. Consumers were reliant on the common law. However, as part of a larger scheme to improve the socio-economic well-being of the people of South Africa, the government introduced a number of statutes including the CPA. The CPA introduced wide-ranging rights for the protection of consumers and mechanisms to provide effective redress. Selected consumer rights are critically analysed to assess the impact of these rights on the accommodation segment. These include the consumer’s right to equality in the market place; the right to privacy; the right to cancel advance bookings; the right to documentation in plain language; the right to quality service; and the right that a supplier having possession of the property of guest must account for such property. Another important aspect relates to the use of exemption provisions. The use of exemption provisions by suppliers is severely curtailed by the CPA. The use of prepaid vouchers, trade coupons and similar promotions, and customer loyalty programmes are also considered and the rights and obligations for consumers and suppliers respectively are elucidated. Many of the rights considered will have a significant impact on accommodation establishments. Elsewhere the impact may not appear to be as significant as the CPA is merely codifying an existing right or remedy. However, codifying the right, providing examples of the conduct prohibited and providing enforcement mechanisms will increase the efficacy of these rights.
- Full Text:
- Date Issued: 2012
The legal protection afforded to the consumer under current South African law with emphasis on the legal position in specific credit agreements contained in standard-form contracts
- Authors: Ndou, Fulufhelo Clyde
- Date: 2001
- Subjects: Consumer protection , Consumer protection -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3688 , http://hdl.handle.net/10962/d1003203 , Consumer protection , Consumer protection -- Law and legislation -- South Africa
- Description: The thesis covers the field of the contract law known as the consumer credit law. It deals with the legal protection afforded to the consumer under current South African law with emphasis on the legal position in specific credit agreements contained in standard-form contracts. The thesis focuses on those credit contracts in which the legal relationship between the consumer and the dominant party is contained in the standard-form contracts, specifically credit agreements relating to money lending transactions in which the credit grantor’s rights are secured either by means of mortgage agreement, a suretyship contract, or a deed of cession. In South Africa the right to equality and human dignity, as opposed to the classical theories of contract: pacta sunt servanda and the principle of freedom of contract, are supported by the Constitution of the Republic of South Africa Act 108 of 1996 which entrenched democratic values permeating all areas of the law including contract law. In this thesis the harmonisation of these classical theories of contract law and the constitutional values of human dignity and equality have been considered. As has been shown in a number of cases, notably those relating to the contracts of suretyship, cession in securitatem debiti, and mortgage, the current law regulating the relationship between the credit grantors and the credit receivers is in need of law reform to fall in line with the constitutional values of equality and human dignity. The greatest difficulty inherent in this area of the law is the reluctance of the courts to intervene at the instance of consumers. The courts would only intervene in the clearest of the cases, and would only do so in the public interest. In this thesis the current South African Law is considered in the light of the developments elsewhere. The tendency of credit providers to alter the terms of the contracts unilaterally and the growing number of conflicting decisions of the Provincial Divisions of High Court has also been considered. The writer also considers the role of the newly created Consumer Affairs Court.
- Full Text:
- Date Issued: 2001
- Authors: Ndou, Fulufhelo Clyde
- Date: 2001
- Subjects: Consumer protection , Consumer protection -- Law and legislation -- South Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3688 , http://hdl.handle.net/10962/d1003203 , Consumer protection , Consumer protection -- Law and legislation -- South Africa
- Description: The thesis covers the field of the contract law known as the consumer credit law. It deals with the legal protection afforded to the consumer under current South African law with emphasis on the legal position in specific credit agreements contained in standard-form contracts. The thesis focuses on those credit contracts in which the legal relationship between the consumer and the dominant party is contained in the standard-form contracts, specifically credit agreements relating to money lending transactions in which the credit grantor’s rights are secured either by means of mortgage agreement, a suretyship contract, or a deed of cession. In South Africa the right to equality and human dignity, as opposed to the classical theories of contract: pacta sunt servanda and the principle of freedom of contract, are supported by the Constitution of the Republic of South Africa Act 108 of 1996 which entrenched democratic values permeating all areas of the law including contract law. In this thesis the harmonisation of these classical theories of contract law and the constitutional values of human dignity and equality have been considered. As has been shown in a number of cases, notably those relating to the contracts of suretyship, cession in securitatem debiti, and mortgage, the current law regulating the relationship between the credit grantors and the credit receivers is in need of law reform to fall in line with the constitutional values of equality and human dignity. The greatest difficulty inherent in this area of the law is the reluctance of the courts to intervene at the instance of consumers. The courts would only intervene in the clearest of the cases, and would only do so in the public interest. In this thesis the current South African Law is considered in the light of the developments elsewhere. The tendency of credit providers to alter the terms of the contracts unilaterally and the growing number of conflicting decisions of the Provincial Divisions of High Court has also been considered. The writer also considers the role of the newly created Consumer Affairs Court.
- Full Text:
- Date Issued: 2001
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