The role of the Consumer Protection Act 68 of 2008 in addressing the challenges of healthcare patients as consumers

Abstract

The Consumer Protection Act 68 of 2008 applies to the healthcare consumer market in South Africa and it is widely accepted that patients accessing healthcare services in both the public and private sectors qualify as consumers (Rowe and Moodley 2013: 02; Slabbert and Labuschaigne 2022: 33). The National health Act 61 of 2003 was introduced with the aim of transforming the healthcare system by providing South Africa’s population, including vulnerable groups, with the “best possible” healthcare services available resources allow, in an equitable manner. Despite progress in transforming the healthcare sector in South Africa, the healthcare system continues to face several challenges, particularly in respect of the quality of healthcare services delivered. There are numerous complaints from patients about the poor-quality of service they receive. The CPA aims to promote and advance the social and economic welfare of consumers, particularly vulnerable consumers, by establishing a legal framework to achieve and maintain a consumer market that is fair, accessible, efficient, sustainable, and responsible and to improve consumer awareness and information. One of the ways in which the CPA wants to achieve these aims is through the fundamental consumer rights. The aim of this study is to investigate the challenges of patients as consumers of public healthcare services in the INanda district of eThekwini and the role of the Consumer Protection Act 68 of 2008 in addressing these challenges. The research design used in this study is quantitative. The target population of this study included adult patients as consumers of public healthcare services who reside in Shembes Village, in the Inanda district of eThekwini municipality, in the province of Kwa-Zulu Natal (KZN), SA and the sample size was 375 respondents. Purposive, convenience non-probability sampling was used in this study for selecting participants. The research instrument used as data collection instrument in the survey employed for this study was a questionnaire comprising closed and open ended questions. Inferential and descriptive statistical analysis of the data was undertaken using SPSS version 27.0 The results from the study found that, in relation to awareness, understanding and infringement of patient rights contained in both the CPA and the NHA, respondents had higher levels of awareness and understanding and lower levels of infringement. The study found no significant difference in awareness and understanding of patient rights in terms of the NHA, when compared to fundamental consumer rights contained in the CPA. Furthermore, patients are confronted with a wide and varied range of challenges. The study concluded that the CPA has a role to play in addressing some of these patient challenges. However, there is a degree of duplication in protection provided to patients in terms of the NHA and the CPA.