Is bad legislation better than no legislation?

I don't know which excuse my fellow bloggers will offer for the thundering silence in the past 6 days. I have a valid one: I have been in Johannesburg for the Department of Trade and Industry's Consumer Protection Law Conference (the DTICPLC) - a veritable feast of highly politicised back patting, irony and starch loaded conference food (I always thought the term fat cat was a metaphor).

Long story short - the aim of the DTICPLC was to discuss 'Changing the Consumer Protection Landscape in South Africa: The Consumer Protection Act 68 of 2008'.

As I think I mentioned before, the CPA is supposed to (and according to the DTI will) come into effect in October 2010. I view myself as a dangerously optimistic person, but not only do I think that this is unlikely, I fear that premature implementation of this legislation will be the end of the already battle weary South African consumer. My reasons?

• Misinformation - amongst the various pamphlets unleashed at the DTICPLC was the CPA Guide aptly (if you like irony) emblazoned with the following slogan: 'You have rights as a consumer. Understand them. Enforce them.' The guide is not only written in legalese (again, ironic, the CPA demands that all communication with consumers takes place in plain language), it is riddled with omissions and at times patently incorrect. Oh, and almost no mention is made of enforcement measures. The answer to this criticism: We will sort it out once the CPA is in effect.
• Lack of consultation - one of the aims of the CPA is to consolidate consumer remedies in one act thus presenting a united front against Evil (read: suppliers). The CPA not only fails in that regard, but it would appear that there has been little, if any, consultation with other state departments (think Department of Health, Agriculture etc who administers various pieces of legislation aimed at ensuring that only quality and safe goods reach the consumer) and industry regulators (think insurance, banking etc). The answer to this criticism. We will sort it out once the CPA is in effect.
• No one knows how to interpret the provisions of the CPA. Consistently the speakers at the conference stated that they have not done a detailed analysis of the CPA because it is too difficult. Again, irony, the CPA is aimed at providing protection to vulnerable consumers, hopefully they won't find the CPA too difficult to interpret. The answer to this criticism: We will sort it out once the CPA is in effect.
• Gaps in the Act: One example, the Act fails to give alternative dispute resolution agencies (who will form the first line of defence against Evil) the right to refer disputes directly to the National Consumer Tribunal. The answer to this criticism: We will sort it out once the CPA is in effect (can anybody spell ultra vires).

So I guess my question today is: Is bad legislation better than no legislation? (Political gain aside.)

Yours in frustration,

Elizabeth 'the Consumer Protector' de Stadler (my wrestling name)