National Consumer Commission reveals alarming violations by retailers during KZN inspections

Siphesihle Buthelezi|Published

The National Consumer Commission carried out inspections at retailers across Durban recently and found violations of the Consumer Protection Act.

Image: DOCTOR NGCOBO / Independent Newspapers

The National Consumer Commission (NCC) has uncovered shocking levels of non-compliance with the Consumer Protection Act (CPA) in KwaZulu-Natal, revealing retailers selling expired food, mislabelled products, and failing to display prices.

The commission conducted inspections in Pinetown, Pietermaritzburg, Durban CBD, Springfield, Inanda, uMlazi, and Westville, working with the South African Police Services, the National Regulator for Compulsory Specifications (NRCS), and other enforcement agencies.

The NCC said it inspected food, clothing, and blanket retailers where various non-compliant practices to the CPA are still prevalent.

According to the NCC, inspectors found that certain goods were sold while they had passed their sell-by, use-by or best-before dates. The non-compliant goods included meat products. 

Inspectors also identified serious labelling violations. “The NCC inspectors uncovered widespread non-compliance regarding product labelling. This includes goods on the shelves and refrigerators without ingredients, product descriptions, country of origin (in the case of clothing) or altered trade descriptions,” the commission said.

In several cases, products such as mayonnaise, vinegar, and soya sauce were labelled in foreign languages, while some suppliers issued receipts written in foreign languages. The NCC said this was a direct contravention of Section 22 of the CPA, which requires plain and understandable language.

“Failure to label the goods or labelling goods in a foreign language deprives consumers of their right to information, thus making it difficult for consumers to make informed decisions,” said Acting Commissioner Hardin Ratshisusu.

Other violations included suppliers storing food for human consumption with animal feed in the same refrigerator. The NCC said this contravenes Section 55 of the CPA, which guarantees consumers the right to goods of good quality and safe for use.

Inspectors also found that some retailers did not display prices, contravening Section 23(3) of the Act. “This denies consumers their right to choose a supplier,” the NCC said, noting that prices must be displayed and expressed in South African currency.

The commission further highlighted problems with sales records. While suppliers generally issued receipts, many failed to include key details such as business names, VAT numbers, and unit prices, while others contained terms and conditions described as “unfair to the consumers (no exchange).”

In addition, some suppliers displayed notices stating they would not replace or refund repaired goods. This violates Section 56(3) of the Act, which requires suppliers to refund or replace goods if defects reappear within three months of a repair.

Ratshisusu reminded businesses that compliance was not optional. “We remind suppliers to comply with the CPA, as compliance with the Act is not an option but an obligation,” he said.

THE MERCURY