CONSUMER PROTECTION ACT

(No. 68 of 2008)

the dtic
Department: the dtic Customer Contact Centre: 0861 843 384
Trade, Industry and Competition
REPUBLIC OF SOUTH AFRICA Website: www.thedtic.gov.za
© The Department of Trade, Industry and Competiton (the dtic), April 2020.
Photos are royalty-free stock images, courtesy of the dtic Photo Library.

the dtic Campus

77 Meintjies Street
Sunnyside
Pretoria
0002

the dtic
Private Bag X84
Pretoria
0001

the dtic customer contact centre: 0861 843 384

the dtic website: www.thedtic.gov.za
Contents
Who is a consumer?..................................................................4

What is the Consumer Protection Act?......................................4

What does this mean for the ordinary consumer?..................... 7

Right to Fair and Responsible Marketing................................17

Right to Fair and Honest Dealings..........................................21

Right to Fair, Just and Reasonable Terms and Conditions...... 25

Right to Fair Value, Good Quality and Safety.......................... 29

Right to Accountability from Suppliers.....................................32

Who is a consumer?
A consumer includes any business with a total annual turnover
that is less than R2 million is also protected.

What is the Consumer Protecwtion Act?

Overview
The primary objective of the Consumer Protection Act is to
establish consumer rights and provide free, effective and efficient
enforcement of those rights through the establishment of the
National Consumer Commission (NCC), the National Consumer
Tribunal (NCT), accredited industry ombud schemes such as the
Motor Industry Ombud and the Consumer Goods and Services
Ombud, other ombuds with jurisdiction, the provincial consumer
authorities and provincial consumer courts.

Aims
• To create consumer rights and provide means of
enforcement of consumer rights
• To protect vulnerable consumers
• To promote fair business practices
• To establish the national norms and standards to ensure
consumer protection
• To establish the NCC
• To make provision for improved standards of consumer

4 │ Consumer Protection Act, No. 68 of 2008

 information, to prohibit certain unfair marketing and business
practices
• To promote a consistent legislative and enforcement
framework, related to consumer transactions and
agreements
• To promote a fair, accessible and sustainable marketplace
for consumer products and services
• To promote responsible consumer behaviour
• Replace, in a new and simplified manner, existing provisions
from five Acts, including the Consumer Affairs (Unfair
Business Practices) Act of 1988, Trade Practices Act of
1976, Sales and Service Matters Act of 1964, Price Control
Act of 1964, and Merchandise Marks Act of 1941 (specifically
Sections 2-13 and 16-17)

Who may lodge consumer complaints?

• An individual
• An authorised person acting on behalf of another
• A person acting as a member or in the interests of an
affected group or class
• A person acting in the public interest (amicus curiae/leave
of tribunal or court association, acting on the interests of its
members)

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The Consumer Protection Act applies to the following:
• Every transaction occurring within the Republic of South
Africa
• Goods or services that are supplied or performed, in the
Republic, in terms of transactions mentioned in the Act

The Act is not applicable in respect of:

• Agreements giving effect to bargaining agreements (Section
213 of the Labour Relations Act)
• Agreements giving effect to collective bargaining agreements
• Credit agreements, in terms of the National Credit Act, but
not goods or services
• Goods or services promoted or supplied to the state
• Industry-wide exemption being granted to regulatory
authorities
• Services under employment contracts

What are Consumer Rights?

The Bill of Rights enshrines the rights of all South Africans,
including consumer rights. The Consumer Protection Act further
outlines these key consumer rights, of which all South Africans
should be aware:
• Right to Equality in the Consumer Market and Protection
Against Discriminatory Marketing Practices
• Right to Privacy
• Right to Choose

6 │ Consumer Protection Act, No. 68 of 2008

• Right to Disclosure of Information
• Right to Fair and Responsible Marketing
• Right to Fair and Honest Dealings
• Right to Fair, Just and Reasonable Terms and Conditions
• Right to Fair Value, Good Quality and Safety
• Right to Accountability from Suppliers

What does this mean for the ordinary consumer?

Right to Equality in the Consumer Market and Protection

Against Discriminatory Marketing Practices:

• Right to free and unlimited access to goods and services

1. Consumers have a right to have goods and services made
available to them and should be treated equally when
buying goods and services, irrespective of gender, race,
socioeconomic status or geographic location.
2. Suppliers are not permitted to limit access to goods and
services.
3. Suppliers are not permitted to prioritise any consumer groups
over others when marketing, selling or distributing their
goods and services.

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• Right to quality goods and services
1. Consumers have a right to return unsafe or defective goods
within six months and may choose either:
• a refund
• a repair
• a replacement

It is the consumer’s right to chose either of the above and a

supplier/retailer may not decide for the consumer. If the goods
break again after six months, the consumer may return the goods
within three months for a refund or a replacement.

2. Suppliers are not permitted to vary the quality of their goods

and services in a discriminatory manner.

• Right to fair pricing of goods and services

1. Consumers should be treated equally, irrespective of gender
race, socio-economic status or geographic location.
2. Consumers have the right to pay the lower price for goods
displaying two varying prices, unless an unauthorised person
has changed the price tags.

• Right to lodge complaints

The Equality Court has jurisdiction in respect of alleged
contraventions:

1. Consumer complaints may be filed with the NCC, the latter

of which is required to refer such complaints to the Equality
Court, if they appear to be valid.

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2. Proceedings may be instituted before the Equality Court. 5

Right to Privacy

• Right to restrict unwanted direct marketing

1. Consumers have the right to protect their privacy and
confidentiality in respect of unwanted or unsolicited
correspondence.
2. Consumers have the right to refuse unwanted messages
telephone calls, letters or spam e-mails.

• Right to discontinue receipt of direct marketing at any

time
1. Consumers have the right to opt out of receiving unsolicited
direct marketing services by blocking the relevant supplier/
marketer.
2. Consumers have the right to accept, restrict or refuse
unwanted direct marketing.
3. Companies and suppliers are not permitted to continue any
unsolicited direct marketing of goods and services once
consumers have opted not to receive such correspondence.

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Right to Choose

• Right to select the supplier of your choice

1. Consumers have the right to choose the suppliers they want
and to shop around for the best price for goods and services
and not to be required to enter into additional contracts to get
those goods.
2. Consumers have the right to examine goods and cannot
be forced to pay for broken goods if the consumer was not
careless in handling the goods.
3. Suppliers must allow consumers to buy only one item and
are not permitted to force consumers to buy ‘bundled’ goods.
4. Consumers cannot be forced to buy goods that they do
not want. If a supplier forcefully leaves the goods with the
consumer, even after the consumer has told the supplier that
he/she does not want the goods, the consumer cannot be
forced to pay for the goods.

• Right to cancel or renew a fixed-term agreement

1. Consumers have the right to cancel fixed-term agreements
upon expiry of the contract period, without penalty or charge.
2. Consumers are obliged to provide suppliers with 20
business days’ notice, in writing or other recorded means, of
cancellation of fixed-term agreements. Reasonable penalties
may apply.

10 │ Consumer Protection Act, No. 68 of 2008

3. Suppliers must extend fixed-term agreements on a month-
tomonth basis, if the consumers failed to request the
cancellation of such agreements.
4. Consumers may cancel fixed-term agreements at any time
by giving the supplier 20 business days’ written notice,
provided that upon such cancellation the consumers remain
liable to the supplier for any amount owed to him/ her in
terms of the agreement, up to the date of cancellation.
5. The supplier may impose a reasonable cancellation penalty
with respect to any goods supplied or services rendered, and
must credit the consumers with any amounts belonging to
them upon cancellation.

• Right to request pre-authorisation for repairs or

maintenance services
1. Consumers have the right to request written cost estimates
quotations from suppliers, prior to the suppliers executing
any brepairs or maintenance services.
2. Suppliers are not permitted to charge consumers for drawing
up any cost estimates/quotations.
3. Consumers have the right to pre-authorise or refuse any
additional repairs or maintenance services.
4. Consumers are not liable to pay for repairs or maintenance
services done without their prior approval.

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5. Suppliers are not permitted to charge consumers for any
diagnostic work/inspections required in compiling cost
estimates/quotations unless there was prior agreement.

• Right to cancel direct marketing contracts within the

cooling-off period
1. Suppliers are required to include ‘a cooling-off period’ in
direct marketing transactions – cooling-off periods generally
span five business days.
2. Consumers have the right to cancel agreements within the
cooling-off period, without providing reasons or incurring
penalties for doing so.
3. Suppliers are required to return payments received from
consumers, within 15 business days of receiving the
cancellation notice.

• Right to cancel advance reservations, bookings or

orders
1. Consumers have the right to cancel any advance
reservations, bookings or orders.
2. Suppliers are entitled to request a reasonable advance
deposit for reservations, bookings or orders, depending on
the nature of the business and specific circumstances.
3. Suppliers are entitled to impose a reasonable charge for the
cancellation of reservations, bookings or orders, depending
on the nature of the business and specific circumstances.

12 │ Consumer Protection Act, No. 68 of 2008

• Right to choose or examine goods, even after purchase
and delivery
1. Suppliers have the right to charge consumers for loss
or damage of property/goods if this resulted from gross
negligence, recklessness or deliberate actions.
2. Consumers have the right to refuse display items or opened
goods, and request unopened/new goods.
3. Consumers are entitled to reject goods if they do not
correspond with pre-approved samples.
4. Suppliers are required to provide consumers with
reasonable opportunity to examine goods purchased or
delivered.

• Right to return goods and seek redress for unsatisfactory

services
1. Consumers have the right to return unsafe or defective
goods and request a full refund for such goods, provided this
is done within a reasonable period.
2. Consumers have the right to return goods that were not
preexamined prior to delivery.

• Right to retain and not pay for unsolicited goods and

services
1. Consumers have the right to return unsolicited goods or
services, at the risk and expense of the supplier.
2. Consumers are entitled to retain unsolicited goods or
services after 20 business days.
3. Right to Disclosure of Information
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• Right to information in plain and understandable
language
1. Consumers have the right to information in plain and
understandable language and to be given receipts for goods
or services bought.
2. Consumers have the right to demand contracts/agreements
in plain language that are easy to understand.

• Right to disclosure of prices of goods and services

1. Suppliers are required to display the prices of goods and
services, in full view of consumers.
2. Consumers have the right to request the unit cost of goods
and services, so as to avoid any ‘hidden’ costs.
3. Suppliers are required to specify the duration of any
promotions in catalogues or brochures, failing which
consumers have the right to purchase the goods or services
at the specified prices.
4. Consumers have the right to demand paying the lower price
for goods displaying two varying prices – suppliers are not
permitted to charge consumers the higher price for the same
goods.

• Right to product labelling and trade description

1. Suppliers and service providers are required to display
labelling and trade descriptions of products that do not

14 │ Consumer Protection Act, No. 68 of 2008

 mislead consumers about the contents of the packaging or
goods attached to the products.
2. Suppliers are not permitted to alter, amend, conceal, remove
or deface trademarks and other product labelling, so as to
mislead consumers.
3. Producers/importers of products or goods are required
to display the country of origin and any other prescribed
information, such as expiry dates.
4. Producers, suppliers and importers are required to disclose
the presence of any genetically modified ingredients, in
compliance with international and South African laws and
regulations.
5. NB! A trade description refers to the name of the producer,
the product’s number, quantity, measure, etc.

6. NB! A trademark refers to the intellectual property of the

goods produced/supplied, as per Trade Marks Act, No. 194
of 1993.

• Right to clear disclosure of reconditioned or grey market

goods
1. Suppliers are required to display notice that ‘grey’ market
goods have been reconditioned, rebuilt or remade.
2. Suppliers are required to disclose, by means of a clear and
visible notice, that goods are being sold without the approval
or licence of the registered trademark owner.

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3. NB! Parallel/grey goods are goods intended for sale in one
4. national market, but imported from their original destination
for sale in another market and do not carry any warranties or
guarantees against the original manufacturer; for example,
goods intended for China that are sold in South Africa.

• Right to sales records

1. Consumers have the right to demand confirmation of
purchases made, in the form of receipts or invoices.
2. Suppliers are required to include, via receipts or invoices, the
following:
• suppliers’ full contact information, business names and
value-added tax (VAT) registration numbers
• name and description of goods
• date/s on which the transaction/s took place
• unit price of goods purchased
• quantity of goods purchased
• total price of transaction/s, including any applicable taxes
• full contact information, business names and addresses

• Right to disclosure by intermediaries

1. Intermediaries, such as brokers, sales representatives and
estate agents, are required to disclose their associations or
affiliations with the entities/persons they represent.

16 │ Consumer Protection Act, No. 68 of 2008

• Right to identification of deliverers, installers and others
1. Deliverers, installers and others are required to visibly
display name badges or similar identification, to the
satisfaction of consumers, when delivering or installing
goods/ products.
2. Consumers have the right to demand identification from the
deliverers, installers and others, prior to allowing the delivery
or installation of goods/products.

Right to Fair and Responsible Marketing

• Right to protection against bait marketing

1. Suppliers are not allowed to lie to consumers about the price,
description or benefits of goods or services.
2. Suppliers are not permitted to mislead consumers in respect
of pricing, the nature, properties, advantages or uses of
goods or services advertised, if such goods or services
are not actually available for purchase or procurement in
accordance with these standards.
3. Suppliers must not advertise goods as being available at a
certain price when they are not.

• Right to protection against negative option marketing

1. Suppliers are not permitted to promote any goods or services
or automatically enter consumers into agreements for
the supply of goods or services, i.e. if consumers receive

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 unwanted or unsolicited goods or services, they are under no
obligation to pay for these goods or services.

• Right to protection against direct marketing

1. Suppliers or service providers that directly market any goods
or services to consumers must inform them of their right to
cancel the agreements within the cooling-off period of five
business days.
2. Suppliers or service providers that directly market any
unsolicited goods or services to consumers are not permitted
to solicit payment for these items, subject to certain
conditions.

• Right to protection in catalogue marketing

1. Suppliers are required to disclose the following:
• supplier name and registration/licence number
• address and contact details
• sales records
• currency for sales
• delivery arrangements
• cancellation, return, exchange and refund policy
• instructions on lodging a complaint
2. 2. NB! Catalogue marketing refers to an agreement entered
into by telephone (initiated by the consumer), fax or postal
order, where the consumer is not afforded the opportunity to
inspect goods prior to delivery.

18 │ Consumer Protection Act, No. 68 of 2008

• Right to protection in terms of trade coupons and similar
promotions
1. Persons are not permitted to make promotional offers with
the intention of not fulfilling them, or fulfilling them in a
manner other than as offered.
2. Persons making promotional offers are required to adhere to
the following:
• disclose nature of price, reward, gift, free goods or
services, price reduction, enhancement of quality or
quantity of goods, discounted of free thing being offered;
• disclose goods or services to which the offer relates;
• disclose steps required by consumers to accept the offers
or receive the benefits of the offers;
• disclose particulars of any person from whom, any
place where, and any date and time on or at which the
consumer may receive the prize, reward, gift, free good
or service, price reduction or concession, enhancement
of quantity or quality of goods or services or other
discounted or free thing;
• ensure that the supply of the particular prize, reward,
gift, free or reduced price good, or the capacity to
provide enhanced quality or services, is sufficient to
accommodate all reasonably anticipated demands
resulting from the offer;
• not limit or restrict capacity to supply any such goods or
services in response to the acceptance of the offer, on

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 any basis other than that it applies to such a supply in
exchange for any other form of consideration;
• not require the consumer to accept an inferior quality
of any such goods or services than those generally
available to any other consumer on the same date who
tenders a different form of consideration; and
• Not impose any monetary charge for the administration,
processing or handling of a transaction, in respect of
which the consumer tenders a trade coupon – this only
applies to where a membership fee is being paid.

• Right to protection in customer loyalty programmes

1. Persons must not offer participation in a loyalty programme,
or offer any loyalty credit or reward, with the intention of not
providing it or providing it in a manner other than as offered.
2. Any documents setting out an offer must clearly state the
following:
• nature of the programme, credit or award being offered;
• goods or services to which the offer relates;
• steps required by consumers to participate in the
programme or receive any benefits in terms of the
programme; and
• Contact details where consumers may gain access to the
programme, or any loyalty credit or rewards in terms of
the programme.

20 │ Consumer Protection Act, No. 68 of 2008

3. NB! Customer loyalty programmes are loyalty credits or
rewards, which are a legal medium of exchange when
offered or tendered as consideration for any goods or
services offered, or transactions contemplated, in terms of
such loyalty programmes/credits/awards.

Right to Fair and Honest Dealings

• Right to protection against unconscionable conduct
1. Suppliers are not allowed to use physical force, pressure or
harassment when marketing or supplying goods or services
to consumers.
2. Suppliers are not permitted to use physical force against
consumers, coercion, undue influence, pressure, duress,
harassment, unfair tactics or any other similar conduct when
doing the following:
• marketing goods or services
• supplying goods or services
• negotiating, concluding, executing or enforcing
agreement to supply goods and services;
• demanding or collecting payments for goods or services
• Recovering goods or services from consumers
3. Suppliers are not permitted to take advantage of consumers
who are unable to protect their interests due to mental or
physical disability, poor literacy, ignorance or inability to

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 understand the language of an agreement or any similar
factors.
4. NB! Unconscionable conduct refers to behaviour that is
unethical or improper.

• Rght to protection against false, misleading or deceptive

representations
1. Suppliers are not permitted to, directly or indirectly,
provide consumers with false, misleading or deceptive
representations regarding goods or services.
2. Suppliers are not permitted to use exaggeration, innuendo or
ambiguity when referring to goods or services or the benefits
thereof.

• Right to protection against fraudulent schemes and

offers
1. Persons are not permitted to initiate, sponsor, promote or
knowingly participate in communication or activities with the
intent to defraud others.
2. Persons are not permitted to produce counterfeit currency, or
purport to increase a sum of money through scientific means
or otherwise.
3. Persons are not permitted to engage in fraudulent or
unlawful financial transactions.

22 │ Consumer Protection Act, No. 68 of 2008

• Right to protection against pyramid and related schemes
1. Persons are not permitted to promote or knowingly join, enter
into or participate in the following schemes, whether directly
or indirectly:
• multiplication schemes (offering interest rates of 20% and
above the South African Reserve Bank-regulated repo
rate);
• pyramid schemes (receiving compensation, primarily
from the respective recruitment of other participants);
• chain letter schemes (actively solicit or recruit
participants, and obtain compensation for new recruits);
or
• any other fraudulent schemes or scams.

• Right to assume that suppliers are entitled to sell goods

1. Consumers have the right to assume that suppliers possess
the legal right or authority to supply goods or products that
are on sale or being promoted by them.
2. Consumers have the right to assume that lessors possess
the legal right or authority to lease goods or products at the
time that the lessees are to take possession of the leased
goods.

• Procedure for sales by auction

1. Suppliers are required, when auctioning goods or products in
lots and unless otherwise stated, to auction lots separately,
via separate transactions.

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2. Auctioneers are required to close auctions by visibly or
audibly announcing their completion.
3. Auctioneers should give notice that a sale by auction is
subject to a reserved or upset price, and the right to bid by or
on behalf of the owner/auctioneer.

• Right to changes, deferrals and waivers, and the

substitution of goods
1. Suppliers are required, in the event of deferrals, waivers
and substitutions to original agreements, to treat these as
changes to existing agreements and not as grounds to enter
into new agreements.
2. Consumers have the right to substitute goods or products,
and are entitled to protection of these substituted goods or
products, from the date of delivery.
3. Suppliers are required to deliver to consumers amended
sales agreements or records, describing the substituted
goods, but without making other changes to the original
agreements or records.

• Right to protection against over-selling and over-

booking
1. Suppliers are not permitted to accept payment or other
consideration for any goods or services, if:
• they have no intention of supplying those goods or
providing those services; and

24 │ Consumer Protection Act, No. 68 of 2008

 • they intend to supply goods that are materially different from
the goods or services for which payment was accepted.
2. Suppliers are required to honour the supply of goods or
services on specified dates, times and other participants,
if committing to such arrangements in reservations or
bookings.
3. Consumers have the right to demand refunds for full
amounts paid in respect of commitments or reservations,
together with interest, at prescribed rates, from the dates of
payment until the dates of reimbursement.

Right to Fair, Just and Reasonable Terms and

Conditions
• Right to protection against unfair, unreasonable or
unjust contract terms
1. Consumers have the right to free copies of contracts.
The terms and conditions of the contract must not put the
consumer at a disadvantage.
2. Suppliers are not permitted to market, supply or enter into
an agreement to supply goods or services at prices or terms
that are unfair, unreasonable or unjust.
3. Suppliers are not permitted to require consumers to waive
any rights, assume any obligations or waive any liability
of the suppliers on terms that are unfair, unreasonable or

25
 unjust.

• Right to obtain notice for certain terms and conditions

1. Suppliers are required to provide consumers with prior
written notice of clauses in agreements that may constitute a
potential risk or liability to consumers.
2. Suppliers must specifically draw the fact, nature and
potential effects of risks to the attention of consumers, in
a conspicuous manner and form, to which the consumers
accordingly accept responsibility.

• Right to obtain free copies of agreements/contracts

1. Consumers are entitled to obtain free copies or free
electronic access to copies of agreements/contracts,
irrespective of whether consumers have entered into such
agreements/ contracts.
2. Free copies should include an itemised breakdown of
financial obligations under such agreements.
3. Suppliers are required to keep records of transactions
entered into over telephone or other recordable forms, in
the event of the consumer-supplier agreement not being in
writing.

26 │ Consumer Protection Act, No. 68 of 2008

• Right to refuse prohibited transactions, agreements and
terms or conditions
1. Suppliers are not permitted to make a transaction or
agreement if the terms and conditions:
• are contrary to the Consumer Protection Act;
• mislead or deceive consumers;
• subject consumers to fraudulent conduct;
• directly or indirectly deprive consumers of rights in terms
of the Act;
• avoid suppliers’ obligations or duties in terms of the Act;
• limit or exempt suppliers of goods or services from
liability for any loss, directly or indirectly attributable to the
gross negligence of the suppliers or any persons acting
for or controlled by the suppliers;
• constitute an assumption of risk or liability by the
consumers for a loss;
• impose an obligation on consumers to pay for damage to,
or otherwise;
• require consumers to enter into supplementary
agreements;
• falsely express an acknowledgement by consumers that,
before the agreement was made, no representations or
warranties were made in connection with the agreement
by the supplier or a person on behalf of the supplier;
or - require the consumers to forfeit any money to the
supplier.

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• Right to approach the Court to ensure fair and just
contract terms and conditions
1. If the unfair terms and conditions offered by the supplier
constitute damages or loss, consumers are entitled to
institute proceedings in the competent court with jurisdiction
for appropriate order or redress.
2. Except when otherwise provided by law, the area of civil
jurisdiction of a Magistrate’s Court is the district or area for
which the Court has been established.
3. Unless all the parties in a case consent to higher jurisdiction,
the jurisdiction of a Magistrate’s Court is limited to cases in
which the claim value does not exceed R100 000, where the
action arises from a liquid document or credit agreement, or
R50 000 in all other cases.
4. However, in terms of Section 115 (2) of the Consumer
Protection Act, a person who has suffered loss or damages
as a result of prohibited conduct:
• may not institute a claim in a Civil Court for the
assessment of the amount or awarding of damages, if
that person has consented to an award of damages in the
Consent Order, as issued by the Consumer Tribunal.
• if entitled to commence an action in the Civil Court, the
applicant must file with the Registrar of the Court or the
Clerk of the Court, a notice from the Chairperson of the
Tribunal in the prescribed from, specifying the following:

28 │ Consumer Protection Act, No. 68 of 2008

 • certifying whether the conduct constituting the basis for
the action has been found to be a prohibited or required
conduct in terms of this Act; and
• stating the date of the Tribunal’s findings.
5. Section 115 (4) states that an appeal or application for review
against an order made by the Tribunal suspends any right to
commence an action in a Civil Court.

Right to Fair Value, Good Quality and Safety

• Right to demand quality service

1. Consumers are entitled to the following, when entering into
agreements/contracts with suppliers:
• timely performance and completion of the services;
• timely notice of any unavoidable delays in the
performance of the services;
• high-quality services, which consumers are entitled to
expect; and
• use, delivery or installation of goods that are free of
defects and of a quality that persons are generally
entitled to expect, if any such goods are required for
performance of the services.
2. Suppliers are required to remedy any defects in the quality
of services performed or goods supplied; or refund the
consumers a reasonable portion of the price paid for the
services performed and goods supplied, in the event of these
being sub-standard.

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3. “No returns and no refund” policies are not allowed,
suppliers must refund or exchange goods that become faulty
within the first six months of being purchased.

• Right to safe, high-quality goods

1. Consumers are entitled to receive goods and services that
are of good quality, in good working order and free of any
defects, and that comply with any applicable standards set
under the Standards Act, No. 29 of 1993 or any other public
regulation.

• Right to implied warranty of quality

1. In any transaction or agreement pertaining to the supply
of goods to consumers, it is an implied provision that the
producer or importer, distributor and retailer each warrant
that the goods comply with the requirements and standards
of being safe, of good quality and durable.
2. Consumers are permitted to return goods to suppliers,
without penalty and at the suppliers’ risk and expense, within
a period of six months after delivery of such goods, if the
goods are of inferior quality, unsafe or defective.
3. Suppliers are obliged to refund, repair or replace the failed,
unsafe and defective goods.
4. Suppliers are obliged to replace goods or refund the
consumer the price paid for the goods within a period of
three months after repairs have been done, if the repaired

30 │ Consumer Protection Act, No. 68 of 2008

 goods are found to be defective, have failed or are
considered unsafe.

• Right to a warranty on repaired goods

1. Suppliers are obliged to warrant every new or reconditioned
part installed during any repair or maintenance work, and the
labour required to install it, for a period of three months after
the date of installation or a longer period, as the supplier may
specify in writing.
2. NB! Warranties are null and void if consumers are found
to be misusing or abusing goods or property, while under
warranty.

• Right to receive warnings on the fact and nature of risks

1. Suppliers are obliged to make consumers aware of any risks
of an unusual character or nature, risks of which consumers
could not reasonably be expected to be aware, or which
ordinarily alert consumers could not reasonably be expected
to contemplate, depending on the specific circumstances or
risk that could result in serious injury or death.
2. Suppliers are obliged to bring to the consumers’ attention
notice/labelling of any hazardous or unsafe goods, and
provide the consumers with adequate instructions for the
safe handling and use of those goods.

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• Right to recovery and safe disposal of designated
products or components
1. Suppliers are responsible for accepting and disposing of
waste deemed unsuitable for disposal in common waste
systems, if so specified in any national legislation.

• Right to have products monitored for safety and/or

recalled
1. Industry codes will make provision for the return/recall of
hazardous, unsafe or defective goods.

• Right to claim damages for injuries caused by unsafe

defective goods
• Producers, importers, distributors or retailers of any goods
are each liable for any harm caused wholly or in part, as a
consequence of the following:
• supplying any unsafe goods;
• product failure, defect or hazard in any goods; or
• inadequate instructions or warnings provided to the
consumer pertaining to any hazard arising from or
associated with the use of any goods, irrespective of
whether the harm resulted from any negligence on the
part of the producers, importers, distributors or retailers,
as the case may be.

32 │ Consumer Protection Act, No. 68 of 2008

Right to Accountability from Suppliers
• Right to protection when entering lay-by agreements
1. Consumers are entitled to purchase goods and services via
layby agreements. In cases where the supplier fails to deliver
any goods, these suppliers must, at the discretion of the
consumers, either:
• supply equivalent or superior products; or
• give the consumer a full refund of money paid, plus
interest; and
• suppliers must keep the consumers’ deposits in
interestbearing accounts
2. Consumers may cancel lay-by agreements and get a refund
with interest, but a supplier may charge a fair and reasonable
penalty.

• • Right to protection with regard to prepaid certificates,

credits and vouchers, and access to prepaid services
and service facilities
1. Suppliers in possession of any prepaid certificates, credits,
vouchers, membership fees or other money belonging to the
consumers, must do the following:
• not treat such property as their own;
• exercise care, diligence and skill; and
• Assume liability for any losses suffered by consumers in
this regard.

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34 │ Consumer Protection Act, No. 68 of 2008

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 the dtic Campus

77 Meintjies Street

Sunnyside

Pretoria

0002

the dtic

Private Bag X84

Pretoria

0001

the dtic Customer Contact Centre: 0861 843 384

Website: www.thedtic.gov.za

the dtic
Department: the dtic Customer Contact Centre: 0861 843 384
Website: www.thedtic.gov.za
Trade, Industry and Competition
REPUBLIC OF SOUTH AFRICA