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Consumer Protection rights

At midnight on that day; that all changed for the better of the consumer


The Consumer Protection Act No 68 of 2008 (CPA).

One of the branches of our law that we, at The Legal Advice Office, try to specialise in, is Consumer Law.

There have been enormous innovations, improvements and new legislation in this field of the law over the last decade.

One of the most important pieces of legislation for the protection of consumers has been the promulgation of The Consumer Protection Act.

Prior to the commencement of The Consumer Protection Act, No 68 0f 2008 (CPA) which came into effect at midnight on the 31st March 2011; consumers had very little defence against abuse by service providers and/or abusive business practices; other than their normal common law or contract law rights.

At midnight on that day; that all changed.

Consumers’ common law rights and their rights in terms of the law of contract have been enormously strengthened and enhanced by the CPA.

The provisions of the CPA now have built-in protections for consumers which target abuse and bad business practices to which they previously had little effective remedial action or legal recourse.

The Legal Advice Office gets many queries on a weekly and even a daily basis from client consumers on their consumer rights in all sorts of different circumstances.

A lot of the queries we receive are related to defective and or damaged motor vehicles or the termination of fixed terms lease contracts.

Very often, the client has some notion of their rights; but require clarity or an intervention or mediation process in order to protect themselves from service providers and businesses who are only interested in their own profit margin and business interest. Many times we also have to provide legal assistance in enforcing our client’s consumer rights.

The CPA is a very strong piece of legislation and aims “to promote a fair, accessible and sustainable marketplace for consumer products and services…to prohibit certain unfair marketing and business practices.. etc.” This is, in part, the aim of the legislation.

In order to enforce your consumer rights, however; it is important to get informed professional legal advice and legal assistance in doing so. Simply reading the Act, portions of the Act and/or even commentaries or blogs on the internet does not turn you into a consumer lawyer overnight.

So many of our clients when referring a matter to us believe that they have all the right answers, know the law and how to enforce it.

That is simply not the case.

 Very often they have by their own actions damaged their cases by the time they refer the matter to ourselves for advice, an opinion or legal assistance in enforcing their consumer rights.

Please do NOT try and do this on your own; as you will assuredly fail, and make our task more difficult in enforcing your rights after the event.

You need an expert in your corner if you want to win this fight.

If you have a legal problem and in particular a consumer issue rather phones us or email us and let us deal with the issue properly, professionally and expeditiously.

We will advise you on the correct process and the correct legal recourse to resolve your consumer legal problems.

We will also always quote you first, and there is NO obligation on you until you accept that quote.

Please visit our website at or send us an email to This email address is being protected from spambots. You need JavaScript enabled to view it. and we will respond to your legal queries within 48 hours.

About our author:

Hugh Pollard (Legal Consultant), has a BA LLB and 42 years’ experience in the legal field. 22 years as a practising attorney and conveyancer; and 20 years as a Legal Consultant.

082-0932304 (Hugh’s Cell Number)

This email address is being protected from spambots. You need JavaScript enabled to view it.


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Legal Advice Office

South Africa

Kandelaar Street, Vermont, Hermanus
Phone: +27 (0) 82 093 2304