Background

The Consumer Protection Act has introduced various new requirements on the content of agreements generally. In addition, it also seeks to extensively regulate the relationship between franchisors and franchisees.  To this end it lays down various requirements specifically applicable to franchise agreements.

Aim

The aim of this seminar is to provide a comprehensive discussion of the general and specific provisions of the Act which impact on the franchisor/franchisee relationship as well as on the supplier/consumer relationship in general. Given the extensive financial penalties that may be imposed upon non-compliance with the Act, detailed guidance on compliance will be provided. Drafting of franchise agreements that are compliant with the Act will also be dealt with in detail.

Topics to be discussed

• A brief overview of the scope and application of the Act.
• Which provisions of the Act impact on franchise agreements generally?
• Which specific provisions in the Act and regulations apply to franchise agreements?
• What are the rights and obligations of franchisors under the Act?
• What are the rights and obligations of franchisees under the Act?
• What are the rights and obligations of consumers vis-à-vis franchisees under the Act?
• Drafting of franchise agreements in order to ensure CPA-compliance.
• Routes of redress.

Who should attend?

Attorneys, advocates, auditors, accountants, financial and legal advisors, franchisors, franchisees, directors, shareholders and owners of businesses

Presenter – Prof Corlia van Heerden

Corlia van Heerden is an associate professor in the Department of Mercantile Law at the University of Pretoria and a practising attorney. She specialises in the National Credit Act 34 of 2005 and the Consumer Protection Act 68 of 2008. She has published various journal articles on consumer credit and consumer protection and is a co-author of Scholtz et al Guide to the National Credit Act (2008 et seq). She also presents regular lectures on the National Credit Act and the Consumer Protection Act in various parts of the country. She was, amongst others, the co-worker and presenter of a seminar presented nationwide in October 2011, titled: "Agreements of sale under the Consumer Protection Act."
 

She obtained her BProc LLB at the University of Pretoria as well an LLM degree (Civil Procedure) from Unisa. She holds an LLD in Civil Procedure from the Rand Afrikaans University (now the University of Johannesburg) and has also obtained an LLM (Insolvency Law) from the University of Pretoria.