Liability in terms of the CPA for goods supplied after 24 April 2010
25/05/2010

Liabilility in terms of the CPA for goods supplied after 24 April 2010

On 24 April 2010 some sections of the Consumer Protection Act (“the CPA”) came into force. In terms of these sections, the National Consumer Protection Institutions is to be established and the Minister is required to commence with the publication of regulations in terms of the CPA.

The balance of the provisions of the CPA will come into force on 24 October 2010. Included herein are much talked about provisions which provides for a form of strict liability on the producer or importer, distributor or retailer of any goods, who will be liable for any harm as a result of the supply of unsafe goods, product failure, defect or hazard in any goods, or, inadequate instructions or warnings provided to the consumer in respect of any hazard associated with the use of goods. The liability will arise irrespective of whether the harm resulted from any negligence on the part of the producer, imported, distributor or retailer.

The CPA provides for only limited defences by such a producer, importer, distributor or retailer.

Notwithstanding the fact that the aforesaid provisions, relating to strict liability, will only come into force on 24 October 2010, it should be noted that these provisions will apply to goods which have been supplied on or after 24 April 2010. The upshot is that a consumer will, as soon as the relevant provisions come into force (i.e. on 24 October 2010), be able to complain with the National Consumer Commission in respect of harm suffered in terms of the provisions, in respect of goods that were supplied to a consumer on or after 24 April 2010.
Jac Marais
Senior Associate
jac-m@adamsadams.co.za

Any queries in this regard may be directed to any of the following professionals at Adams & Adams:

Andre Visser (Commercial) av@adamsadams.co.za
Danie Strachan (Commercial) danie-s@adamsadams.co.za
Grégor Wolter (Litigation) – GW@adamasadams.co.za
David Scheepers (Litigation) – David-S@adamsadams.co.za
Jac Marais (Litigation) – Jac-M@adamsadams.co.za
Tiaan Smuts (Litigation) – Tiaan-S@adamsadams.co.za