On 15 October 2010 the Rules Regulating the Conduct of the Proceedings of the Magistrate’s Courts of South Africa (generally referred to as the magistrates’ courts rules and referred to here as the ‘new rules’) came into effect. The new rules repealed the rules published in 1968 (‘old rules’). The changes were designed to align [...]
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The Consumer Protection Act: returns, implied warranties and deposits paid by customers
The Consumer Protection Act of 2008 (CPA) has significant impact on the effect of the implied warranty and related regulations regarding returns. These provisions will affect all businesses regardless of their position in the distribution chain. Although all businesses defined as suppliers will be affected, retailers and those selling goods will be particularly affected. [...]
Suspensive conditions in contracts of sale of immovable property
When a contract is subject to a suspensive condition, the contract comes into effect only if the condition is met. On a practical level, this can entail a future event such as a deposit payment, securing a loan or even conditions such as graduating from university to receive a bonus payment. Suspensive conditions are commonly [...]
Fixed term agreements and the Consumer Protection Act
People have entered into fixed term agreements for many years. These agreements may be a cell phone contract, sports or health club membership or lease agreement. They generally do not have an option to terminate before the contract’s automatic expiry. Now, however, with the enactment of the CPA, people are no longer bound to such [...]
The Consumer Protection Act of 2008 – who does it apply to?
The Consumer Protection Act of 2008 (CPA) was enacted in 2011. Since then, the Consumer Tribunal has been flooded by many complaints that do not fall within the scope and application of the CPA. To ensure that complaints are adjudicated properly and quickly, it is imperative that members of the public understand the scope [...]