The National Consumer Tribunal has fined Braai Block, a supplier of food based in Gauteng, R1 million for contravening the provisions of the Consumer Protection Act (CPA).
The National Consumer Commission (NCC) acting commissioner, Hardin Ratshisusu, yesterday said this was a major ruling as it affirmed consumers the protection against suppliers that do not disclose accurate information on sales records.
“This ruling should serve as strong deterrence to other suppliers from engaging in similar conduct,” Ratshisusu said.
In a statement, the NCC said it had received a tip-off from a consumer alerting it to possible violations of various provisions of the CPA by Braai Block.
“The consumer alleged that Braai Block did not include the location of its trading address in its tax invoices; and secondly, Braai Block charges a service fee on each transaction,” it said.
“The service fee amount depends on the cost of each meal and varies from one transaction to another. The NCC then initiated an investigation. Upon finalising the matter, the NCC formed reasonable suspicion that Braai Block contravened sections 23(6)(a) and 26(3)(b) of the CPA.”
Section 23 relates to disclosure of price of goods or services and subsection 6(a) states that “...a supplier must not require a consumer to pay a price for any goods or services higher than the displayed price for those goods or services.”
Whilst Section 26(3)(b) requires that, the sales record “…must include at least the following information: the address of the premises at which, or from which, the goods or services were supplied.”
The Tribunal found that Braai Block has contravened sections 23(6)(a) and 26(3)(b) of the CPA and imposed an administrative penalty of R1m which must be paid within 90 days of the order.
Ruling on this matter, the Tribunal noted that “The respondent [Braai Block] acted deceitfully towards its customers and contravened the CPA's significant provisions. It acted contemptuously towards the very consumers who supported it.”
According to the food supplier’s website, Braai Block is the world’s first natural organic braai fast food chain operating out of five outlets across South Africa.
The company says its business is to provide customers with premium quality “braai food” that is fresh and natural, in the spirit of true braai South African traditions, 7 days a week at all major centres in South Africa.
“Our meats are processed daily from fresh, natural fore quarters, in addition, Braai Block also owns and operates the industrial butchery brand.”
Braai Block, also says it is committed to ensuring the highest standards of food safety and quality in every aspect of our operations.
“We understand the critical importance of adhering to South Africa’s food safety regulations and strive to exceed these standards to provide our customers with the safest and highest-quality food products possible,” it says on its website.
“At Braai Block, we firmly believe that food safety is a fundamental right for our customers. We strive to be a beacon of trust and reliability in South Africa’s food industry, providing products that meet or exceed the highest food safety and quality standards. Our dedication to these principles is unwavering, ensuring that every meal prepared with Braai Block products is a safe and enjoyable experience.”
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