Redress for Consumers in terms of the Consumer Protection Act 68 of 2008: A Comparative Discussion

• Author: Corlia Van Heerden - Jacolien Barnard
• Position: University of Pretoria, South Africa
• Pages: 131-144

JICLT

Journal of International Commercial Law and Technology

Vol. 6, Issue 3 (2011)

131

Redress for Consumers in terms of the Consumer Protection

Act 68 of 2008: A Comparative Discussion

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Prof C Van Heerden & J Barnard

University of Pretoria, South Africa

Corresponding Author: J Barnard

jacolienbarnard@gmail.com

Abstract. T he Consumer Protection Act 68 of 2008

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is a groundbreaking piece of

legislation in the r ealm of not only South African consumer law but also the South African law of

contract. What is more, the Act a lso has worldwide implications as foreign companies selling

goods and services in South African consumer markets will have to comply with the new

legislation. In Part 1 of this paper, the avenues of redress availab le to the consumer in terms of the

Act and the possible practical problems per taining thereto are discussed. Part 2 deals with redress

for consumers in terms of the European Union and relevant aspects of redress in the Spanish legal

system. Part 3 is a comparative conclusion with regards to redre ss issues for consumers generally.

Part 1

A South African Perspective: Civil Courts and the Consumer Protection Act 68 of 2008

1. Introduction

The Consumer Protection Act (CPA) 6 8 of 2008 is envisaged to co me into effect incrementally in 20 10

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. This

comprehensive and progressive act marks the dawn of a new era in consumer protection in South Africa and was

brought into being with praiseworthy intentions mainly to promote fair business practices and the pr otection of

vulnerable consumers such as low-income communities and minors

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. Notably, it deals with eight Fundamental

Consumer Rights that are internationally recognised and thus confirms South Africa’s commit ment to

international consumer rights. These eight fundamental rights are:

• Right to equality in the consumer market;

• Consumer’s right to privacy;

• Consumers right to choose (this ri ght also includes a consumer’s cooling-off rig ht, right of

cancellation and right to examine the goods);

• Right to disclosure of information;

• Right to fair and responsible marketing;

• Right to fair and honest dealing;

• Right to fair just and reasonable terms and conditions (which include prohibited transactions,

terms and conditions); and

• Right to fair value, good quality and safety (includes safety recall and liability for damaged

goods).

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This paper was originally published in Kierkegaard, S.(2010) Private Law: Rights, Duties and Conflict .IAITL

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Hereinafter referred to as the CPA or Act.

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Du Preez (2009) The Consumer Protection Bill; A few preliminary re-marks TSAR 48.

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Melville (2010) The Consumer Protection Act Made Easy 1, (hereinafter Melville).