The bank sued the defendant for cancellation of a credit agreement and return of the motor vehicle sold under that agreement. In October 2025 the High Court dismissed a defence raised by the consumer that the vehicle was defective for the purposes of the Consumer Protection Act. The court held that the bank did not
On 27 October 2025, the Supreme Court of Appeal clarified that the Consumer Protection Act, 2008 (CPA) does not apply to every residential lease. In particular, a private individual renting out their own property is not, without more, acting “in the ordinary course of business” under the CPA.
The CPA protects consumers in transactions
When a franchisor sought a number of court orders to enforce a franchise agreement against a franchisee whose agreement had been cancelled, the franchisor succeeded in some of its claims on the facts. The franchisor failed to enforce a term in the franchise agreement according to which, on termination for whatsoever reason, the equipment, fittings
This blog was co-authored by Ngarothe Netshipale, Candidate Attorney.
In August 2024, the High Court upheld a ruling by the Consumer Tribunal against a dealer that argued that a gearbox failure of an SUV was due to the purchaser’s driving style. The court found that the SUV was defective from the day the purchaser took
An exemption clause which has the effect of excluding a party’s liability for theft by its employees is not contrary to public policy and is enforceable. This was the ruling of the Constitutional Court in Fujitsu Services Core (Pty) Limited v Schenker South Africa (Pty) Limited [2023] ZACC 20. This issue divided the Court, with five
In this case, the claimant fell at the entrance of the defendant’s restaurant premises.
The claimant sued alleging negligence on the part of the defendant.
One of the issues for determination was whether the defendant was absolved of any liability by virtue of the disclaimer notice.
The disclaimer notice read (in capital letters):
“
This judgement considered whether section 69 of the Consumer Protection Act (CPA), which provides that a person may not seek to enforce any right in terms of the CPA, or in terms of a transaction or agreement or otherwise to resolve a dispute by approaching the court with jurisdiction of the matter unless “all
Author: James Donald, Candidate Attorney
In an April 2021 judgement, the Eastern Cape high court held that a standard form guest indemnity used by a game reserve was not in conflict with applicable provisions in the Consumer Protection Act 2008 (the CPA). The plaintiff was a tourist to South Africa, on holiday at a
This blog was co-authored by James Donald, Candidate Attorney
In an April 2021 judgement, the Eastern Cape high court held that a standard form guest indemnity used by a game reserve was not in conflict with applicable provisions in the Consumer Protection Act 2008 (the CPA). The plaintiff was a tourist to South
Indemnity clauses and the Consumer Protection Act
In a recent Eastern Cape High Court judgment which you can read about here, the claimant fell into an unfenced pool at the game reserve and injured herself. The court found in the evidence that the claimant’s conduct was the sole cause of her stepping into the