Online Legal Advice

  • Legal advice and legal services pertaining to all aspects of insurance law including disputes with insurance companies, the vetting and interpretation of insurance policies, the rejection of claims etc

    ------------------------------------      email legal advice     ------------------------------------

  • The Consumer Protection Act No 68 of 2008 (CPA): Leases: Some important terms and conditions:

    In our last blog we looked at the early termination of lease agreements,

    In this blog we intend to renew our acquaintance with some of the provisions of the Consumer Protection Act No 68 of 2008 (CPA) dealing with leases and some of their terms and conditions in general in the CPA.

  • The Legal Advice Office in South Africa

    The Legal Advice Office offers affordable Legal Advice as well as Legal and Paralegal Services throughout South Africa.

    Our legal advice and services are based on 40 years of experience in the professional legal field.  As a purely internet based legal consultancy business, we pride ourselves in personal, professional and efficient service at affordable rates and undertake to revert to our clients within 48 hours of their query being received by us.

    ------------------------------------      email legal advice     ------------------------------------

  • Sadly; one of the matters that we get many queries about; is the issue of divorce.

    Most of us get married for life; but many marriages end in divorce.

  • ------------------------------------      email legal advice     ------------------------------------

  • travellers marriage

    A “traveller’s marriage” may seem romantic, but can quickly turn into a nightmare! 

     As the world gets smaller and smaller and global movement increases, an “international wedding” becomes a much greater reality for many couples.

    From the beach wedding in Mauritius to the castle wedding in Ireland or the Tuscan wedding in Italy.

    These are all distinct possibilities if one can afford it.

    This international marriage or “traveller’s marriage” may seem romantic, but can quickly turn into a nightmare when questions regarding the matrimonial property regime of the parties are raised at the time of a divorce or the death of one of the parties to the marriage.

    The question arises as to which legal regime governs the marriage: the country where they were married, the home country of a spouse, or the country in which the couple reside? Left in the air, the romantic traveller’s marriage could very well turn into a wearisome ball and chain and legal nightmare.

  • Chapter 3 of the CPA deals with the protection of the consumer’s rights and gives the consumer a voice where he/she can be heard.

    It consists of Part A to Part D and covers sections 68 to 78 of the CPA.

    So how does the CPA protect a consumers rights?

  • In our previous two blogs we looked at the choices a consumer has if he purchases a defective of a damaged item; especially related to motor vehicles.

    What we call the three R’s ie the choice is repair, replacement or a refund.

  • That does not mean reading, writing and arithmetic as per the school syllabus.

    It means: Repair, replace or refund.

    These are your 3 choices you have in the event of a material defect in an item that you have bought.

  • The Consumer Protection Act No 68 of 2008: (CPA): Section 56 (2): Recap:

    We have recently looked at the implied warranty on the quality of goods guaranteed by the CPA and more particularly section 55 & 56 of that Act of Parliament.

    There is still a lot of confusion about the Consumer’s Right to choose a Repair, Replacement or Refund in respect of Damaged or Defective Goods as guaranteed by these sections of the Act.

    As we all know by now the Consumer Protection Act (CP Act) came into operation at midnight on the 31st March 2011.

    Section 56 (2) of the Consumer Protection Act, No 68 of 2008 reads as follows:

    “Within six months after the delivery of any goods to a consumer, the consumer may return the goods to the supplier, without penalty, and at the supplier’s risk and expense, if the goods fail to satisfy the requirements and standards contemplated in section 55 (Consumers rights to safe, good quality goods) and the supplier must, at the direction of the consumer, either:

    1. Repair or replace the failed, unsafe or defective goods, or
    2. Refund to the consumer the price paid by the consumer for the goods.”

    That seems pretty straight forward; and to a very large extent self-explanatory.

    Why then do so many suppliers duck and dive; and attempt to avoid their legal obligations to the consumer and their customers. The answer to this question is that it is a nuisance to a supplier and they need to take time out; and incur cost; in repairing, replacing or refunding a consumer for an item that they have already sold to them. Things were far too comfortable for suppliers before the advent of the Consumer Protection Act as they, in the past, would simply tell us that it was not their problem once we had taken delivery of an item and paid for it.

    One has to remember that the provisions of this Act and these sections do not cover private individuals as sellers; as they are not suppliers or service providers conducting their sale in the ordinary course of business. In short the act does not cover private sales. Your remedies in the case of private sales lie in the common law of contract.

    One has to look at the definition of “a consumer” and “a supplier; in order to get confirmation that private sales are not covered by these provisions of the Consumer Protection Act.”

    Section 1 is the definition section of the Consumer Protection Act No 68 of 2008.

    In section 1; “a consumer’ is defined in great detail. It will suffice for our purposes here to simply quote from part of the full definition: “A consumer means a person to whom those particular goods or services are marketed in the ordinary course of the supplier’s business.” The section then goes on to give a more comprehensive detailed definition which it is not necessary to dissect here but the definition of a consumer is very wide and includes just about anyone buying an item from someone else who is conducting a business enterprise in selling amongst other things that particular item/items.

    One also has to look at the definition of “a supplier” for clarity here.

    Section 1 also defines “a supplier” which means: “A person who markets any goods or services.”

    This is also a very wide definition.

    As a consequence, the Consumer Protection Act covers both goods and services provided by a supplier to a consumer.

    It does not apply to private sales as although all buyers are consumers as defined in the Act; the sellers however are not suppliers; as they do not sell their items in the ordinary course of a business enterprise; but only occasionally on a once off basis. Clearly there may be exceptions to this rule; eg someone who is not a dealer but runs a business selling second hand cars in his spare time. He may well then be a supplier as defined in the Act although not a registered car dealer.

    The Consumer Protection Act applies to all unsafe, damaged and defective goods; provided they are bought from a supplier acting in the ordinary course of his business.

    As a consumer of both goods and services our section 56(2) choice, as consumers, of “repair, refund or replace” in respect of damaged or defective goods is in addition to; and over and above the manufacturer’s warranty; and also in addition to, and over and above, any common law remedies that we may have; for example; where latent defects were deliberately not disclosed to us by a supplier.

    You, as a consumer could very well then have three separate potential claims available to you in a dispute with a supplier. These claims could be in terms of the CP Act, a common law remedy and/or in terms of a manufacturer’s warranty; provided that that dispute relates to unsafe, damaged or defective goods or services.

    In our next blog we will look at the implied warranty on repaired items as contained in section 56(3) of the Consumer Protection Act.

    Please visit our website at www.legaladviceoffice.co.za for more detail or send us an emailwith you queries to This email address is being protected from spambots. You need JavaScript enabled to view it. and we will revert within 48 hours.

    Should you have any queries please contact our offices in that regard.

    Should you otherwise wish to comment on this or any other legal topic; please also just send us an e-mail; and we will respond.

    Thank you.

    The Legal Advice Office Team.

  • As stated in our previous blog; at The Legal Advice Office we get numerous enquiries from clients and consumers seeking our help in terminating lease agreements because of one reason or another.

    The CPA deals with the above subject and in our last blog we looked at section 14(1).

  • We have been looking at the implied warranty on the quality of goods guaranteed by the Consumer Protection Act and more particularly section 55 & 56 of that Act of Parliament.

    As we now know; we as consumers have the choice of repair, refund or replace in the event of goods bought by us being defective or damaged at the time of the sale.

    This rule also applies to a motor vehicle; both new and used.

  • The Consumer Protection Act No 68 of 2008 (CPA): The Consumers rights to safe, good quality goods. Continued: Section 55: Section 55(3).

    In our last blog we looked at Sections 55 (3).

    Today we will turn our attention to section 55(4).

    Section 55 (4) in its totality reads as follows:

  • The Consumer Protection Act No 68 of 2008 (CPA): The Consumers rights to safe, good quality goods. Continued: Section 55: Section 55(5) & (6).

    In our last blog we looked at Sections 55 (4).

    Today we will turn our attention to sections 55(5) & (6).

  • The Consumer Protection Act No 68 of 2008 (CPA): The Consumers rights to safe, good quality goods. Continued  Section 55: Section 55(5) & (6).

    n our last blog we looked at Sections 55 (4).

    Today we will turn our attention to sections 55(5) & (6).

  • The Legal Advice Office is an exclusively internet-based legal business/firm; which although run from the Western Cape offers legal advice and legal and paralegal service right throughout the whole of South Africa and we interact with our clients only by phone and by email.

  • What is The Legal Advice Office?

    Who are we and what do we do?

    The answer to these questions is found on our website; www.legaladviceoffice.co.za; but here is a brief summary.

  • What is The Legal Advice Office?

    Who are we and what do we actually do?


  • One of the issues that crop up on a regular basis with The Legal Advice Office are queries and advice sought from us when you have been lied to or, at least, not been told the truth, the whole truth and nothing but the truth.
    If someone sells you an item, for example, a motor car, and they do not fully disclose to you any defects in that vehicle that they knew about or should reasonably have known about; then you have certain legal rights and recourse.

  • CONSUMERPROTECTION

    Motor vehicles are one of our most prized possessions and yet many of us have nightmares when we buy a motor vehicle from a dealership and we have numerous problems with the vehicle we bought.

    This happens often; but there is a solution.

    Over the past month; we have had numerous queries from consumers who have bought cars from second hand car dealers; and who are a short while later, discovering various serious defects in those vehicles.

    This clearly is a problem and the dealers, by and large, do not abide by the law or otherwise seek to interpret in a manner which is beneficial to them and not the customer.

Subscribe to our Legal Advice Blog

Follow our weekly Blogs:
To Subscribe to our Legal Advice blog is simple and easy. Just type your email address at the bottom and click GO

News Feed

Legal Advice Office

South Africa

Kandelaar Street, Vermont, Hermanus
Phone: +27 (028) 316 2832
Email: info@legaladviceoffice.co.za