The CGSO and its functions
THE primary focus
of the CGSO is to
balance the rights and
obligations of consumers
and suppliers. As pointed
out in earlier articles and
workshops, it should be
kept in mind that both
suppliers and consumers
have rights and obligations
in terms of the CPA.
The CGSO is required
to remain independent,
objective, fair and equitable
in applying the provisions
of the CPA. If the CGSO
fails to act as aforesaid,
it – as an administrative
body – may leave itself
vulnerable to administrative
law review.
Jurisdiction of the
CGSO is subject to these
limitations:
Claims must be brought
within three years and
the CGSO is required to
advise consumers if the
complaint lodged is older
than two years.
It must decline
complaints that are
unreasonable, frivolous,
vexatious or where the
complainant displays an
offensive, threatening or
abusive attitude.
Similarly, a matter may
be declined if the CGSO
believes there isn’t a
reasonable prospect of
the matter being settled.
The complainant can at
any time withdraw the
complaint.
If the matter is under
consideration by a legal
practitioner, the CGSO can
decline the practitioner’s
involvement unless it
feels the legal practitioner
can add value.
Functions of the CGSO
include:
Investigating and
evaluating the extent that
the complaint contravenes
the Code (of the CGSO).
Attempting to facilitate or
make recommendations
regarding settlement.
If the parties have
managed to settle the
matter, the CGSO can,
upon request of the
parties, submit it to
court/tribunal to be
made a consent order.
This ensures any breach
thereof – by either party –
will be discouraged and is
more easily enforced.
Referring the matter to a
more appropriate body.
Making either a
recommendation or
suggestion as to how the
matter may be settled.
