A consumer has the right to choose

A consumer has the right to choose

Have you ever saved up every dime to buy that brand new gadget, just for it to stop working after a few months of use? “Not a problem, we’ll assess the defect and repair it for you”, many suppliers may say and while this may feel like great customer service, did you know that you are being tricked out of your right to choose a remedy. The Consumer Protection Act (CPA) provides consumers with, among other noteworthy protections, the right to choose whether you would like a defective good repaired, replaced or refunded within 6 months of purchase. Yes, you…
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Know your consumer rights: terms to look out for when contracting with suppliers

Know your consumer rights: terms to look out for when contracting with suppliers

Why is the Consumer Protection Act important? The Consumer Protection Act, Act No. 68 of 2008 ("the CPA") is a landmark Act in South African statutory law as it is directed at the protection of consumer interests. As stated in the CPA itself, the purpose of the CPA is “to promote and advance the social and economic welfare of consumers”. Courts and tribunals are obliged to be mindful of this purpose when adjudicating matters brought in terms of the CPA. Who is protected by the Consumer Protection Act? A “consumer” under the CPA includes natural persons and small business enterprises…
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“Please Sir, Can i have some more?” The need for more consumer protection when it comes to food safety

“Please Sir, Can i have some more?” The need for more consumer protection when it comes to food safety

Consumer protection, which includes being given access to a safe and dependable supply of food, is a fundamental requirement of any society. In transforming the South African food landscape, there have been gradual improvements to protect consumers, most notable with the advent of the Consumer Protection Act 68 of 2008. However, we still see unfit food products, especially in respect of mislabelled food products, reaching the store shelves. Although there exists a plethora of legislation, and a multiplicity of agencies focused on food safety, the South African government has been unable to respond effectively to the continuous changes in the…
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The Electrocuted Cyclist – More risk for suppliers

The Electrocuted Cyclist – More risk for suppliers

If you operate anywhere in a product supply chain (producer, importer, distributor, retailer, supplier, installer etc) be aware that your risk of being sued under the CPA (Consumer Protection Act) just increased. First “No Fault”, now even wider liability To recap, the CPA makes you liable for any form or level of damage to person or property resulting from defective or unsafe products. Critically, there is no need to prove any form of negligence on your part – liability is now “no-fault” or “strict”.  And whilst there are a few defences still open to you, they are limited. Now a…
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Property Sellers: Just how far does your duty to disclose go?

Property Sellers: Just how far does your duty to disclose go?

“Where a seller recklessly tells half-truths or knows the facts, but does not reveal them because he or she has not bothered to consider the significance, this may also amount to fraud” (extract from judgment below) Firstly, a note on the CPA What is said below does not pertain to those property sales where the very robust buyer protections in the CPA (Consumer Protection Act) apply.  Generally speaking the CPA applies only where the seller is selling “in the ordinary course of business” (a property developer for example), and most private sales will fall outside of the ambit of the CPA.  That…
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Property Owners – Manage your risk of being sued

Property Owners – Manage your risk of being sued

What happens if someone is injured or killed, or suffers some other form of loss on your property? Three recent court cases highlight your risk of liability for any potential dangers that you don’t take reasonable steps to avoid. Case 1:  The landlord, the holiday let and the visitor who fell from the stairs “The lack of protection on the garage side of the stairs below the gate was an inherently dangerous state of affairs ….” (Extract from judgment) Letting out your holiday home to a tenant may be a lucrative option if you are holidaying elsewhere, or if you…
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