Consumer Rights
AfrikaansAFHolding businesses accountable under the Consumer Protection Act 68 of 2008
The Consumer Protection Act 68 of 2008 ("the CPA") gives South African consumers a strong, enforceable set of rights — to fair value, to safe goods, to honest dealing, and to plain language. Despite this, businesses regularly hide behind small print and ignore complaints. Van Dyk · Theron Attorneys help consumers enforce their rights and assist businesses to comply with the CPA.
1. The Eight Consumer Rights
The CPA codifies eight fundamental consumer rights: equality in the consumer market; privacy; choice; disclosure of information; fair and responsible marketing; fair and honest dealing; fair, just and reasonable terms and conditions; and fair value, good quality and safety. Each is enforceable through the National Consumer Commission, the Consumer Tribunal or the courts.
2. Implied Warranty of Quality
Section 56 of the CPA provides an implied warranty that goods are of good quality, in good working order, free of defects, useable for the purposes for which they were intended, and durable for a reasonable period of time. The consumer may return defective goods within six months for repair, replacement or refund — at the consumer's election, not the supplier's. Where the goods are sold under a written contract, voetstoots clauses do not override this statutory warranty.
3. Fixed-Term Agreements
Section 14 limits fixed-term consumer agreements to a maximum of 24 months and gives the consumer the right to cancel on 20 business days' notice subject to a reasonable cancellation penalty. Automatic renewals are tightly controlled.
4. Unfair, Unreasonable or Unjust Contract Terms
Section 48 prohibits terms that are unfair, unreasonable or unjust, and section 51 voids specific 'blacklisted' terms — including waivers of CPA rights, forfeiture clauses that are excessive, and contracts that purport to evade the supplier's responsibilities. We advise on which clauses are void and how to challenge them.
5. Complaints, Mediation and Litigation
A consumer can complain directly to the supplier, refer the matter to an industry ombud (where one exists), lodge a complaint with the National Consumer Commission, refer the dispute to the Consumer Tribunal via mediation, or sue in court through litigation. We assess the most effective forum and pursue the matter on the consumer's behalf — often with significantly more leverage than the consumer alone.
Contact Van Dyk · Theron Attorneys to assert your consumer rights: