According to Section 54 of the Consumer Protection Act 68 of 2008 (hereafter the CPA), a consumer has the right to demand quality goods and services from suppliers. Section 55 of the CPA also refers to safe, good quality goods and services. But what does the CPA mean by safe, good, quality goods and services?
The right to safe, good, quality goods and services refers to the following:
Firstly, the right to timely performance and completion. Should the supplier give a certain time period of performance, the supplier must perform by the given period. Alternatively, give timely notification of an unavoidable delay.
Secondly, the right to receive goods and services that are free of defects. The goods and services received must be in good working condition. The consumer must also be able to use the goods and services for a reasonable period of time. What is considered as a reasonable period of time would depend on the object or services. The usable and durable period of time is how long such object or services normally lasts.
Thirdly, the right to use the object or services for the purposes the object or services was generally created for.
Fourthly, the right to the return of property in at least the same good condition it was when the consumer handed over the property for service. Should a consumer hand in property to be serviced, he/she is entitled to receive the property back in either the same condition, or better condition.
Fifthly, the right to the performance of service in a manner and quality that one is generally entitled to expect. This is the most difficult right to follow through with as some consumers expectations are much higher than others. Suppliers must be careful in advertising themselves as high quality as that is what will be expected of them.
In Themba Joshua Nkosi v The Glen Multi-franchise (Pty) Ltd t/a Kia Imperial Select, [1] the Applicant purchased a used vehicle from the Respondent. The Applicant then started having issues within a week of purchase. The National Consumer Tribunal found that looking at Section 55, “the fact that the Respondent replaced the car’s engine and continued to repair it, suggests that the Applicant’s right to receive goods that were of good quality, in good working order and free of any defects, and would be useable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply, might have been infringed.”
It is thus important to ensure that whatever goods and services are provided to the consumer that the consumer’s rights in terms of Section 55 and 56 are complied with, especially in the event of the sale of second-hand used goods.
Contact your SEESA Consumer Protection & POPI Legal Advisor to assist your business with any Consumer related queries you might have. Alternatively, SMS the word “SEESA” to 45776 for an expert legal advisor to contact you.
About the author:
Yolande Iversen started her journey at SEESA Labour in August of 2011 as a Legal Assistant. She was promoted to the position of SEESA Labour Legal Advisor in 2014. She joined Consumer Protection & POPI in September 2017. Yolande obtained her LLB Law Degree from the Nelson Mandela Municipality University in 2011.
Resources:
- The Consumer Protection Act 68 of 2008
- Website (case law) – http://www.saflii.org
[1] NCT/118285/2018/75(1)(b)