Investor Presentaiton
[Rev. 2016]
No. 46 of 2012
Consumer Protection
NO. 46 OF 2012
CONSUMER PROTECTION ACT
[Date of assent: 13th December, 2012.]
[Date of commencement: 14th March, 2013.]
An Act of Parliament to provide for the protection of the consumer prevent
unfair trade practices in consumer transactions and to provide for matters
connected with and incidental thereto
[Act No. 46 of 2012, L.N. 50/2013, Act No. 14 of 2015, Act No. 38 of 2016.]
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PART I – PRELIMINARY
1. Short title
This Act may be cited as the Consumer Protection Act, 2012.
2. Interpretation
(1) In this Act, unless the context otherwise requires―
"advance" means value, as prescribed, received by the borrower under a
credit agreement;
"accredited consumer organization" means society registered under the
Societies Act (Cap. 108), for the purposes of consumer protection and related
matters;
"annual percentage rate" means the annual percentage rate in respect of
a credit agreement that is determined in the prescribed manner;
"borrower" means a consumer who is or may become a party to a credit
agreement and who receives or may receive credit or a loan of money from the
other party, but does not include a guarantor;
"brokerage fee" means the payment that a borrower makes or agrees to
make to a loan broker who assists the borrower in arranging a credit agreement,
and includes an amount deducted from an advance made to the borrower that
is paid to the broker;
"Cabinet Secretary" means the Cabinet Secretary for the time being
responsible for matters relating to trade and industry;
"consumer" means—
(a) a person to whom particular goods or services are marketed in the
ordinary course of the supplier's business;
(b)
(c)
(d)
a person who has entered into a transaction with a supplier in the
ordinary course of the supplier's business, unless the transaction
is exempt from the application of this Act;
a user of particular goods or a recipient or beneficiary of particular
services, irrespective of whether that user, recipient or beneficiary
was a party to a transaction concerning the supply of those
particular goods and services; and
a franchisee in terms of a franchise agreement, to the extent
applicable in terms of this Act;
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