Consumer Law
Consumer Rights and the CPA
The Consumer Protection Act 68 of 2008 (CPA) gives South African consumers strong rights: safe, good-quality goods; a six-month implied warranty; protection from unfair contract terms; cooling-off rights for direct marketing; and access to redress through the Consumer Goods and Services Ombud, the National Consumer Commission and the National Consumer Tribunal.
Key facts
- Goods that fail within 6 months may be returned for repair, replacement or refund — the consumer chooses.
- A 5 business day cooling-off period applies to direct-marketing sales (s 16).
- Suppliers may not use terms that are unfair, unreasonable or unjust (ss 48–52).
- Fixed-term contracts (like gym or cellphone contracts) can be cancelled on 20 business days' notice with a reasonable penalty.
The law that applies
- Consumer Protection Act 68 of 2008 — ss 14, 16, 20, 48–52, 55–56, 61
Leading cases
Motus Corporation v Wentzel [2021] ZASCA 40
Clarified the consumer's election between repair, replacement and refund under s 56 and its limits.
Practical steps
- Complain to the supplier in writing and keep proof of purchase.
- Escalate to the industry ombud (e.g. Consumer Goods and Services Ombud) — free.
- If unresolved, complain to the National Consumer Commission or approach the Tribunal.
Frequently asked questions
The shop says 'no refunds'. Is that legal?
Not for defective goods. The six-month implied warranty in s 56 of the CPA cannot be excluded — for a defect, you may choose repair, replacement or a refund. 'No refunds' signs can only apply to change-of-mind returns.
How does this apply to your situation?
Ask LexiSA. It will gather your facts, apply the law above, and give you a cited assessment of your position — free.
Ask about consumer lawThis guide is legal information, not legal advice, and may not reflect amendments after its last review. For advice on your specific circumstances, consult a practising attorney.