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3.3.2
The planning and conduct of companies in the private sector
The Consumer Protection Act established the NCC, which acts robustly in protecting the
rights of consumers and helps uplift the service and quality standards for consumers in
South Africa. South African consumers are among the best protected in the world and this
contributes significantly to consumer confidence. The business sector is already showing
compliance with consumer laws and this is reflected in the number of consent orders and
conciliation processes that the regulator has concluded with companies to date.
The new Companies Act of 2008 also established a Companies Tribunal, which will
adjudicate disputes between companies on matters referred to it by the CIPC regarding the
violation of the Act. The introduction of the Tribunal provides a speedy and cost-effective
redress mechanism, reducing the cost to companies by minimizing time spent had the
dispute been referred to normal courts.
With international developments in intellectual property law, there is a need to develop the
Intellectual Property Policy Framework to include provisions that will facilitate access to
medicine and education, exceptions, and interface between competition/consumer law and
intellectual property. It is important that the policy addresses developmental and industrial
policy imperatives. A draft policy has been developed for wider consultation with the public.
One of the challenges in implementing legislation is raising awareness and educating the
public about the rights and obligations emanating from the legislation. Also, accessing rural
communities for consultation purposes remains a challenge that must be overcome. To
improve access to rural communities, the DTI entered into a Memorandum of Agreement
(MoU) with the Congress of Traditional Leaders of South Africa (CONTRALESA).
The CONTRALESA has undertaken to work with Government to facilitate outreach
programmes to rural communities. The launch of the partnership was followed by a rollout
programme in the North West, Northern Cape and Mpumalanga, which will continue through
to other provinces in the next financial year. Major campaigns will be held in all provinces
and will be followed by the deployment of field workers to facilitate access to government
services, including field workers who will assist indigenous communities to register
indigenous rights as recognized in terms of the amendments to the Intellectual Property
Laws Amendment Bill. Upon its adoption the DTI’s responsibility relating to the oversight of
the public entities and statutory institutions reporting to it will be strengthened through
continuous engagement at strategic and operational levels. The Minister held individual
engagements with the Commissioners and their deputies as well as the Chairpersons of
Boards and/or Tribunals on strategic priorities and challenges. The Director-General, Deputy
Directors-General and Senior officials engaged with officials from the various entities to
regularly discuss issues pertaining to the implementation of policies and programmes as well
as budget allocation. The department also intervened in situations where governance
problems were identified as a risk by conducting independent investigations and taking
decisive action based on the findings and recommendations. It generally works
collaboratively with these entities for their own stability.
In compliance with the corporate governance principles as identified in the King III Report,
the DTI encouraged continued disclosure of personal interest by members charged with
governance responsibility within these institutions and took action against those who did not
adhere. Some opinion markers have observed that “There is always a link between good
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