Lloyd's Maritime and Commercial Law Quarterly

South Africa was in need of a comprehensive framework of legislation, policies and government authorities to regulate consumer-supplier interaction. The Consumer Protection Act 68 of 2008, which was signed by the President of the Republic of South Africa on 29 April 2009 and published in the Government Gazette on 29 April 2009, now provides an extensive framework for consumer protection and aims to develop, enhance and protect the rights of consumers and to eliminate unethical suppliers and improper business practices. Certain areas of the common law regarding consumer rights have been codified by the Act and certain unfair business practices that were previously unregulated are now governed by the Act. The Act has a wide field of application. It applies to every transaction occurring within South Africa for the supply of goods or services or the promotion of goods or services and the goods or services themselves, unless the transaction is exempted from the application of the Act. The Act also specifically regulates aspects of franchise agreements. In terms of the Act, consumers obtain several new rights and some existing rights are broadened and reinforced. These rights are: the right to equality in the consumer market; privacy; choice; disclosure and information; fair and responsible marketing; fair and honest dealing; fair, just and reasonable terms and conditions; and fair value, good quality and safety. The last right in terms of the Act deals with a supplier's accountability to consumers. The authors critically analyse and discuss these rights. It is clear that the Act is written in favour of the consumer. Various provisions of the Act make inroads into the common-law position to strengthen the position of the consumer vis-a-vis the supplier and suppliers are undoubtedly facing an onerous task to prepare to comply, and eventually attempt to comply, with the Act. Although the Act has its own interpretation clause, which provides that it must be interpreted in a manner that gives effect to the purposes of the Act, the Act poses many uncertainties and interpretational and practical challenges. Many questions are therefore raised, some of which remain unanswered. These questions illustrate some of the uncertainties concerning the scope and possible interpretation of the fundamental consumer rights.

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Fundamental Consumer Rights Under the Consumer Protection Act 68 of 2008: A Critical Overview and Analysis

Improving land reform through CSR : a legal framework analysis

The Drafting of Contracts in South Africa

The nature and effect of section 56 of the Consumer Protection Act 68 of 2008 and the uncertainties surrounding it.

The global economy boomed during the last two decades, largely because credit was easy to grant and to access. But this boom came at a price: the unprecedented number of individuals and businesses that are over-indebted. Legislation protecting debtors and directly or indirectly aimed at preventing the problems of overspending is now an international phenomenon, though differing from country to country, depending on local needs. Generally, though, it seeks to address the imbalance between the bargaining power of credit providers and consumers, to combat malpractices by identifying and prohibiting such malpractices, and to limit the free exercise of legal remedies.

South African consumer credit policy: Measures indirectly aimed at preventing consumer over-indebtedness

Exemption clauses are contractual terms that exclude, alter or limit the liability that normally flows from contractual relations. These clauses are used in nearly all standard contracts and are continually investigated because they are misapplied. When courts consider the status of the enforceability of exemption clauses, they normally approach it from the bases of consensus, public policy, limiting legislation and/or interpretation. The purpose of this article is to address concisely the status of the enforceability of exemption clauses in the South African law of contract.

The Current Status of the Enforcability of Contractual Exemption Clauses for the Exclusion of Liability in the South African Law of Contract

Plain language is a valuable tool that can be applied in order to proactively promote procedural fairness in the law of contract It also places a consumer in a better position to protect his own interests In most legal systems, the use of plain language is compulsory, owing to the focus on transparency and openness and the requirements of procedural fairness In South Africa, however, no objective guidelines have been published in order to proactively assess whether a document is really written in plain language In this paper, the South African provisions regarding plain language are critically discussed; the lack of objective guidelines and testing mechanisms is pointed out and suggestions are made with reference to plain language provisions and the testing mechanisms applied in other countries Some of the methods of testing are discussed and their suitability is pointed out from a South African perspective

Plain language and assessment of plain language

Exemption clauses are contractual terms that exclude, alter or limit the liability that normally flows from contractual relations. These clauses are used in nearly all standard contracts and are continually investigated because they are misapplied. When courts consider the status of the enforceability of exemption clauses, they normally approach it from the bases of consensus, public policy, limiting legislation and / or interpretation. The purpose of this article is to address concisely the status of the enforceability of exemption clauses in the South African law of contract.

Philip N. Stoop

Papers

Fundamental Consumer Rights Under the Consumer Protection Act 68 of 2008: A Critical Overview and Analysis

South African consumer credit policy: Measures indirectly aimed at preventing consumer over-indebtedness

The Current Status of the Enforcability of Contractual Exemption Clauses for the Exclusion of Liability in the South African Law of Contract

Plain language and assessment of plain language

The current status of the enforceability of contractual exemption clauses for the exclusion of liability in the South African law of contract