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The Consumer Protection Act gives South African consumers rights to safe, good quality goods, fair contract terms and a remedy when things go wrong. This guide explains those rights, the time limits, and the order in which to complain before going to a lawyer or court.
Last reviewed 17 October 2026 by the CallMyLawyer editorial team. How we research.
The main law is the Consumer Protection Act 68 of 2008 (CPA). It covers most transactions where goods or services are supplied in the ordinary course of business. It protects individuals and also small businesses and other juristic persons whose asset value or annual turnover is below a threshold set by the Minister.
Online and other electronic purchases are also covered by Chapter VII of the Electronic Communications and Transactions Act 25 of 2002 (ECTA). Credit agreements, such as loans and store accounts, fall mainly under the National Credit Act 34 of 2005, although goods bought on credit are still protected by the CPA.
The CPA does not apply to employment contracts, and some industries, such as financial services, are dealt with mainly by their own laws and ombuds. A lawyer can tell you which law applies to your particular problem.
Section 55 gives you the right to goods that are reasonably suitable for their purpose, of good quality, in good working order, free of defects and durable for a reasonable time.
Section 56 creates an implied warranty of quality. If goods fail that standard within six months of delivery, you may return them at the supplier's risk and expense, and choose whether the supplier must repair them, replace them or refund you. If a repaired item fails again within three months of the repair, you can insist on a replacement or refund. This applies alongside any manufacturer's warranty.
Other important rights include clear pricing (you generally may not be charged more than the displayed price), plain language in contracts, protection against unfair and unreasonable terms, and the right to cancel a fixed-term agreement on 20 business days' notice under section 14, subject to a reasonable cancellation penalty. Regulations generally limit consumer fixed-term agreements to 24 months unless a longer term clearly benefits the consumer.
Under section 61, producers, importers, distributors and retailers can be held liable for harm caused by unsafe or defective goods, even without proof of negligence. A claim for this kind of harm generally has to be brought within three years.
If you bought something because of direct marketing, such as a phone call, an SMS or a door-to-door sale, section 16 of the CPA gives you five business days to cancel without reason or penalty.
For online purchases, section 44 of ECTA gives you a cooling-off period of seven days after receiving the goods, or after concluding the agreement for services, to cancel without reason. You may have to pay the direct cost of returning the goods. Some kinds of goods and services, such as personalised items and certain travel bookings, are excluded.
There is no general right to return goods just because you changed your mind after buying in a shop. Many stores offer this voluntarily, so check their returns policy.
Section 20 of the CPA also lets you return goods in some other situations, for example where you could not examine goods before delivery and they do not match what you ordered or are unsuitable for a purpose you told the supplier about. Goods must normally be returned within 10 business days of delivery in these cases, and in their original condition where the goods are unused.
The CPA also protects you when you pay for a service, such as a car repair, plumbing or building work. Section 54 says services must be performed in a timely manner, with proper notice of any unavoidable delays, and with the quality that people are generally entitled to expect. If the service falls short, you can ask the supplier to fix the defect or to refund a reasonable part of the price.
For repairs and maintenance, section 15 requires a supplier to give you an estimate before starting work, unless you waive it, and the supplier may not charge more than the estimate without your approval. If the work turns out to need more than the estimate, the supplier must stop and ask you before going further.
Keep written records of what was agreed. A clear quote, a job card and photographs of the problem before and after the work make it much easier to prove your case to an ombud, a consumer court or a magistrate.
Step 1: Complain to the supplier in writing. Explain the problem, say what you want (repair, replacement or refund) and keep copies of your receipt and all messages.
Step 2: If the supplier does not resolve it, approach the relevant accredited industry ombud. The Consumer Goods and Services Ombud handles many retail and service complaints, and the motor industry has its own ombud.
Step 3: If there is no ombud for that industry, approach your provincial consumer protection office or consumer court.
Step 4: You can lodge a complaint with the National Consumer Commission, which can investigate suppliers, try to resolve the dispute and refer prohibited conduct to the National Consumer Tribunal. Complaints are lodged online through the Commission's e-Services portal or by phone.
Step 5: You can also go to court. Claims of up to R30 000 can be brought by individuals in the Small Claims Court from 1 August 2026, without a lawyer. Larger claims go to the Magistrates' Court or High Court.
Under section 116 of the CPA, a complaint generally cannot be referred to the National Consumer Commission or the National Consumer Tribunal more than three years after the conduct complained of, or after it ended if it continued over time.
The six-month implied warranty is a separate limit for the right to choose repair, replacement or refund for defective goods. Claims for damages in court are subject to the Prescription Act 68 of 1969, which for most debts is three years.
Acting quickly also helps in practice. Suppliers and ombuds deal more easily with a complaint made soon after the problem appears, while the evidence is fresh.
Many consumer disputes can be resolved without a lawyer through the supplier, an ombud or the Small Claims Court. A lawyer becomes more useful when the amount is large, such as a defective vehicle, building work or an expensive appliance, when someone has been injured by a product, or when a supplier relies on contract terms you believe are unfair.
The CPA also allows class actions and actions in the public interest, which can matter where many consumers have suffered the same harm. Businesses use consumer lawyers to check that their contracts, marketing, pricing and returns policies comply with the CPA, which can avoid complaints and penalties later.
Useful questions to ask include: Does the CPA or ECTA apply to my purchase? Has any time limit passed? Is there an ombud I must approach first? What can I realistically recover, and is a court claim worth the cost compared with the amount at stake?
Several consumer routes cost nothing: complaining to the National Consumer Commission, accredited industry ombuds, provincial consumer protectors and the Small Claims Court. When a lawyer is used, they usually charge an hourly rate or a fixed fee for a defined task, such as a letter of demand or a review of a contract. For larger damages claims, such as injuries caused by defective products, some attorneys work on a contingency basis under the Contingency Fees Act 66 of 1997, which caps the success fee at double the normal fee and at 25% of the amount awarded. Businesses commonly pay a fixed fee for a compliance review of their terms and policies.
Yes, if the goods are defective or unsafe within six months of delivery. Under section 56 of the CPA you may choose a repair, replacement or refund, unless the damage was caused by misuse or happened after the goods left the supplier's control.
Under section 44 of ECTA you can cancel within seven days of receiving the goods without giving a reason. You may have to pay the direct cost of sending them back, and some items, such as personalised goods, are excluded.
If the agreement resulted from direct marketing, section 16 of the CPA gives you five business days to cancel without penalty. Do this in writing and keep proof that you sent it.
Section 14 of the CPA lets you cancel a fixed-term consumer agreement on 20 business days' written notice. The supplier may charge a reasonable cancellation penalty, but not one that defeats your right to cancel.
First try to resolve it with the supplier and any relevant ombud. You can then register on the NCC's e-Services portal and lodge your complaint with your proof of purchase, the relevant dates and your correspondence with the supplier.
Section 116 of the CPA generally bars referring a complaint to the National Consumer Commission or Tribunal more than three years after the conduct. The right to choose repair, replacement or refund for defective goods is limited to six months from delivery.
This guide explains how the law generally works and is not legal advice. Speak to an attorney about your own matter.
