Most dealerships would have the same problem regarding defects on motor vehicles that could lead to the cancellation of a purchase agreement. The question would be whether these defects could be justified as imperfection, causing the defects to render the vehicle less useable and justifying the cancellation of the purchase agreement. The CPA defines “defect” in section 53(1) as follows: any material imperfection in the manufacture of the goods or components, or performance of the services,...

In 2018, the European Union (EU) General Data Protection Regulation (GDPR) came into effect. As the international standard for data protection laws, the GDPR has formed the basis for many data protection laws worldwide, including South Africa’s Protection of Personal Information Act 4 of 2013 (POPI). POPI prescribes eight conditions for lawful processing of personal information, which broadly accord with the principles found in the GDPR. It also sets out the roles of various parties involved...

There have been many cases where consumers have entered into contracts with suppliers and later realised that a salesperson has misrepresented the product or service. Usually, contracts will provide the steps and procedures that need to be taken when a party to the contract wishes to cancel the contract. The Consumer Protection Act (the “Act”) also makes provisions for cancelling an agreement under certain circumstances. The consumer should not have to suffer undue hardship due to...

A common scam that has been operating in South Africa for several years has recently come under the spotlight again after the Debt Collectors Council of South Africa stepped in. With many queries from clients who have fallen victim to this scam and its harassment, it is proper to address the issue in a legal context. The scam: The company will contact you and inform you that they are performing a service for their client and would like to confirm your contact details at no cost. They will send...