Fair And Just Terms: Let’s Leave It To The Courts!

The Consumer Protection Act 68 of 2008 ("the Act") will compel courts to consider the justice and fairness of agreements concluded between consumers and suppliers. As a result, evidence which falls outside the actual terms of an agreement may be examined even if it contradicts the terms of the agreement.

The Act is scheduled to commence on 1 April 2011. The Act neatly consolidates the rights of consumers and the obligations of suppliers into one piece of legislation. It will align South Africa with practice in foreign jurisdictions and will no doubt set a precedent for the type of legislation that will be enacted in the future. It will be a forerunner to a broader genus of legislation that holds, at its core, the protection of the consumer. It is legislation with which all South Africans, and foreigners involved with transactions in the Republic, should become accustomed.