The Consumer Protection Act

  • As we saw on our last blog; that 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 it covers sections 68 to 78 of the CPA.

    In our last blog, we looked at section 69.

  • We were looking in an earlier blog of this week at section 55 and the implied warranty with particular emphasis on the sale of motor vehicles and disgruntled consumers who had recently bought a new or used vehicle from a motor car dealership and discovered defects or damage to its components shortly after the sale.

    If this situation has happened to you; you have the protection of the Consumer Protection Act No 68 of 2008 (CPA) and also the common law; unless you caused the damage or defect to the vehicle yourself.

  • n our last two blogs we have been looking again at the implied warranty on the quality of goods guaranteed by the Consumer Protection Act (CPA) 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.

  • 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).

  • Consumer Protection rights

    At midnight on that day; that all changed for the better of the consumer

    The Consumer Protection Act No 68 of 2008 (CPA).

    One of the branches of our law that we, at The Legal Advice Office, try to specialise in, is Consumer Law.

    There have been enormous innovations, improvements and new legislation in this field of the law over the last decade.

    One of the most important pieces of legislation for the protection of consumers has been the promulgation of The Consumer Protection Act.

    Prior to the commencement of The Consumer Protection Act, No 68 0f 2008 (CPA) which came into effect at midnight on the 31st March 2011; consumers had very little defence against abuse by service providers and/or abusive business practices; other than their normal common law or contract law rights.

    At midnight on that day; that all changed.

  • 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.

  • The Consumer Protection Act No 68 of 2008: (CPA): Warranty Protection: Second Hand Cars

     

    The Consumer Protection Act No 68 of 2008 (CPA) came into operation at midnight on the 31st March 2011; and has been the law since that date.

    It changed Consumer Law irrevocably and the entire intention of the Act is to protect Consumers against unfair business practices which had become rife.

  • We are all aware by now the implied statutory warranty on the quality of goods guaranteed by the Consumer Protection Act (CPA) and more particularly sections 55 & 56) of that Act.

    There is still, however, 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.

  • Perhaps somebody owes you money and will not pay it back?

    Maybe someone damaged your property; your car or other property and refuses to fix it at their cost?

    You could always sue them in a court, but that takes time and normally costs a lot of money

  • Consumer Protection

    The answer to this question is found in The Consumer Protection Act: No 68 of 2008(CPA): Section 55: Consumer’s rights to safe, good quality goods:

    “Quality is everyone’s responsibility” is a quote by W. Edward Deming; and should be aspired to by all of us.

    In our previous blog we looked at what you can do if you buy a defective item.

    Now we look at why it is that we enjoy that protection.

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South Africa

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Phone: +27 (028) 316 2832
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