Trade Practices Amendment Act
REPUBLIC OF SOUTH AFRICA
'GOVERNMENT GAZETTE
STAATSKOERANT
VAN DIE REPUBLIEK VAN SUID-AFRIKA
Registered at the Post Office as· a Newspaper As 'n Nuusblad by die Poskantoor Geregistreer
VoL.· 156]
· . Price ·.2oc 'Prys . Overseas · 30c : Oorsee
POST.FRE~POSVRY
:· .. :
CAPE TOWN;:9 JUNE 1978 ..... :.
·.· KAAPSTAD, 9 JUNIE 1978 [No. 6053
DEPARTMENT OF THE PRIME MINISTER .. DEPARTEMENT VAN DIE EERSTE MINISTER . . ~ ' : .
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No. 1195. 9 June 1978. No., 1195. 9 Junie 1978.
It is hereby notified that the State Pre~ident has· a.ssented to · Hierby word bekend gemaak dat die Staats president . sy the following Act · which is hereby published for general goedkeuring geheg het aan die onderstaande Wet wat hierby information:- · · · · · · · ter algemene .inligting gepubliseer word:-
No. 78 of 1978: Trade Practices Amendment Act,· i978. ·'
· No. 78 van 1978: Wysigingswet op Handelspraktyke, 1978.
Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions. This means that this document will only contain even numbered pages as the
other language is printed on uneven numbered pages.
GOVERNMENT GAZETIE, 9 JUNE 1978 No. 6053 3
TRADE PRACfiCES AMENDMENT ACf, 1978. Act No. 78, 1978
GENERAL EXPLANATORY NOTE:
[ ] Words in bold type in· square brackets indicate omissions from existing enactments~ · ·
Words underlined with ~~lid line indicate insertions in existing enactments. . .. ..
,ACT To. amend the provisions of the Trade Practices Act, 1976,
relating to definitions; to provide forthe appointment of subcommittees by the Trade Practices Advisory Commit- tee; and for the appointment of persons to advise the said
. committee and subcommittees; to extend the power of. the Secretary. for. Commerce regarding the request of certain Information; to control or prohibit the sale, dell very and giving of certain trade coupons 'in· certain
. circumstances; . to authorize the Secretary for Commerce · . to publish temporary directions regarding· certain par-
ticulars which should form part or should not form part ·of certain advertisements; to authorize the Minister of Economic Affairs to exempt persons from the provisions of the said Act; to rectify an Incorrect date; and to
. provide for Incidental matters. · · . ' I .
··(Afrikaans text signed by the State President.). (Assented to 29 May 1978.) ·
BE IT ENACTED by the State President, the Senate' and the House of Assembly of the Republic of South Africa, as
follows: . . .
1. Section 1 of the Trade Practices Act, 1976 (hereinafter Amendment of 5 referred to as the principal ·Act), is , hereby amended by the ~ti~t If ~~76 insertion · ,after· the definition of "service"· of the following 0 ·
definition: . ' · , . · '."subcommittee' . means a subcommittee appointed in
terms of section 4A;". " .
10 .· 2 •. The followi.ng 'sections' are' hereb)/insert~ in the principal (nse~on of Act after section 4· . . seCtions .4A ·
• · · · and4B sn ' · ''Appointment 4A~ 1 The committee ma . a . oint from its Act 76 of 1976·
of sub- . committees. members one or more than one subcommittee and
· may delegate any power conferred upon it under this 15 · Act, except the power to make any recommendation
in terms of section 16 oi: · 17, to a subcommittee but shall riot be divested .of any power so delegated.
(2) One of the members of a subcommittee shall be appointed as chairmari thereof by the committee.
20 . (3). A subcommittee shall meet at such times and places as its chairman may determine. . . . .
25 Advisers for
. committee ·and sub- committees.
( 4) The quorum for and the proeedure at any meeting of a subcommittee ·shall be determined by the committee. · · '
48. (1) The Minister may at the request of th committee designate such person or persons as he may deem fit, to advise the committee, including any subcommittee, on any matter concerning any powe
GOVERNMENT GAZETIE, 9 JUNE 1978
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TRADE PRACTICES AMENDMENT ACT, 1978.
conferred · upon ·the committee· or delegated to subcommittee in terms of this Act.
(2) Any person appointed in terms of subsection (1)- ( a) shall hold office-
(i) on such conditions as the Minister, at the time of his designation, may determine;
(ii) until the activities of the committee or - subcommittee ' are disposed of in so far' as
the matter is · concerned in respect of which · ·such person has been so designated,
unless the Minister on an earlier date has discharged or dismissed him from office: · (b) shall be deemed, in so far as such matter i
concerned, to be a member of the committee' or subcommittee, as the case may be, except- · . (i) that he shall not be entitled to vote when the
. committee or a subcommittee is taking- any decision; .
20' ,. - .;, ·: -·- ' (ii) for the purposes of a quorum referred to in section 3 (2) or 4A (4}; . ·
. .. · , - (iii) for. the purposes. of section 4A (1) an (2). ' .' .
3. Section 6 of the principal Act is hereby amended by the 25 substitution for subsection (1) of the following subsection:
"(1) The secretary may, from time to time, in respect of :: any matter specified in this Act, by notice in writing, sent by - post. or delivered, order any person to furnish in writing,
before a date specified . in the notice, to the secretary any 30 information requested in .such notice and relating to the
business of such person or to a business practice or to a trade coupon: Provided that any information desired with a view to the exercise of any power conferred upon the Minister or the committee under this Act, may only be requested on the
35 instructions of arid- on · behalf of the Minister or the
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so
·. committee, as the case may be.".
4. Section 11 of the principal Act is hereby amended- (a) by the substitution for the words preceding paragraph
(a) of the following words: · . . · · .. · _ · "Subject to the provisions of subsection (2), the
provisions of section 10 shall not be so construed as to prohibit-";
(b) by the addition of the following subsection, the existing section becoming subsection (1 ): · ·
"(2) If the Minister is of the opinion that the sale, > delivery or giving, as contemplated m subsectiOn ( )
(c), (e) or (f), of any document or token or any category of documents or tokens is not in the interest of the
·relevant purchasers, lessees or persons making use o any service or engaged ·_ in the sale or leasing of any goods, the Minister may, subject to the ·provisions o section 16, by notice in the Gazette prohibit such sale,
.. delivery or giving or impose in respect. of such sale, delivery or g1ving such conditions as he may deem fit. ...
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No .. 6053
Act No. 78, 1978 ·
Amendment of section 6 of Act 76 of 1976.
Amendment of section II of Act 76 of 1976.
55 : 5. Section 16 of the principal Ac-t is hereby ~erided­ (ti) by the substitution in subsection (I) for the - preceding paragraph (a) of the following words:
Amendment of words section 16 of
Act 76 of 1976.
"Before the publication of any .notice under section 11 (2), 12, 14 or 15 the Minister shall~"; -
60 '·(b), by. thesubstitution ' in subsection (3) for the words preceding the proviso of the following words: "After consideration of any recommendation referred to
in subsection (2), but not later than six months after
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GOVERNMENT GAZEITE, 9 JUNE 1978
TRADE PRACTICES AMENDMENT Acr,· 1978 ..
the date upon which the said recommendation was made by the. committee, . the Minister may publish the notice in question in the Gazette under section !.!..Q1·12, 14 or 15, as the case may be:"; ·
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No. 6053
Act No. 78, 1978 ·
5 6, The following section is hereby substituted for section ·17 of· Sub~titution of the principal Act: . secuon 17 of
. . . . . . . . : . · . . . . Act 76 of 1976. "Temporary 17. (I) The secretary may, on the recommendation prohibition of the committee and for a period not exceeding six or control in respect . months, by notice in the Gazette-.-:·.. . · ·
10 of certain · ·. (a) prohibit or impose conditions in respect of the documents, · ·sale, delivery or· giviri ~: as·· contem lated Tn tokens, benefits · section 11 (1) (c), (e) or (j), of any document o and trade' · token or any category of documents or tokens, i practices the committee is satisfied that such sale, delivery
15 ~ t~= or giving . is not in the interest of the .relevant tions in. . .. \. purchasers, lessees or 'perSons making· use of' a
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40
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respect of · · · service or engaged in the sale or leasing of any particulars d in advertise- goo s; or ments .. ... · ,·I,
(b) prohibit or impose conditions in respect of- (i) the giving or supply of any benefit in - connection with the sale or leasing of any
goods or the rendering or provision of any service; or .
[(b)] (ii) any trade practice which, in the opinion of - the committee, may directly or indirectly
injure- [(i)] (aa) the relations between businesses and
- persons engaged in the sale or leasing of any goods or in the rendering or provision of any service; or
[(ii)] (bb) the relatio~s between businesses and consumers,
if the committee is satisfied that, in the interest of such persons or consumers or businesses, it is necessary or expedient to prohibit or control such trade practice; .Q!
(c) rescribe the articulars (including indications, descriptions or depictions) which in respect of-
(i) the nature, properties; advantages or uses o any goods or service; or
(ii) the manner in, conditions on or prices at which goods may be purchased, hired or otherwise acquired or any service is ren- dered or provided,
shall form part or shall not form part of any advertisement in which such goods or service ar · advertised,
if a notice under section 11 (2), 12, 14 or 15, as the case may be, has not yet been published in respect of such sale, delivery, giving, benefit, particulars or trade practice.
(2) Any notice published under subsection (1) shall lapse if a notice under section 11 (2), 12, !±or 15, as the case may be, is published in respect of any sale, delivery, giving, benefit, particulars or trade practice mentioned in the firstmentioned notice.
(3) Different notices may in terms of subsection (1) be published in respect of different documents or tokens or categories of documents or tokens, benefits, particulars, trade practices, goods or services.
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GOVERNMENT GAZETI'E, 9 JUNE 1978 No. 6053 9
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TRADE PRACfiCES AMENDMENT ACf, 1978.
(4) The committee may make a recommendation referred to in subsection (1) of its own accord or at the request of any other person: Provided that if any such request is made by the secretary, the committee shall be obliged to consider such request, and thereupon it may make such a recommendation or refuse to make it for such reasons as it may furnish in writing.''.
Act No. 78, 1978
7. The following section is hereby inserted in the principal Act Inse_rtion of . 10 after section 21· · . sectlon 21 A 1n
' Act 76 of 1976.
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"Exemptions. llA. The Minister rna on the recommendation of the committee by not1ce in the azene or by notice in writing, sent by post or delivered by hand, on such condi~ions as may be deemed fit, exempt any person from any of or all the provisions of this Act''.
· 8. Section 25 of the principal Act is hereby amended by the Am~dment of substitution for the expression "1975" of the expression "1976' '; section 25 of . Act 76 of 1976.
9. This Act shall be called the Trade Practices Amendment Act, Short title. 1978. . '