Defective products can cause damage and personal injury – in some cases, their use can lead to death. The Consumer Protection Act 68 of 2008 (CPA), which recently came into effect in South Africa, applies to every transaction occurring within South Africa involving the supply of goods or services in exchange for consideration unless the transaction is exempted from the application of the Act. The definition of consumer services in terms of the Act makes it clear that a patient is considered a ―consumer for the purposes of this legislation.
In a defective product claim, you can pursue compensation for the losses and effects of the injury you suffered, such as:
- Medical expenses
- Expenses related to living with a disability
- Loss of wages
- Pain and suffering
It is evident that South African business is becoming increasingly familiar with the idea of consumer protection and factoring this into business strategy. In 2011, the common market of East and Southern Africa (COMESA) Competition Commission announced that it was commencing enforcement of its governing legislation. COMESA is a regional organisation established in terms of the COMESA Treaty. The mandate of the organisation is to promote economic integration through trade and investment in eastern and southern Africa. COMESA regulates consumer protection in the region. Business operations in COMESA countries must take consumer protection issues into consideration.
The Consumer Protection Act gives eight rights to consumers:
1. The right to consumer education
Consumers must be able to access the knowledge and skills needed to make informed and confident choices about goods and services while being aware of basic consumer rights and responsibilities and how to act on them.
2. The right to disclosure and information
Consumers must be provided with the facts needed to make informed choices and ensure their protection against dishonest or misleading advertising and labelling.
3. The right to choice
Consumers should be able to choose from a range of products and services, offered at competitive prices, with the assurance of satisfactory quality.
4. The right to representation
Consumer interests should be represented in the making and execution of government policy, and development of products and services.
5. The right to redress
Consumers must receive a fair settlement of just claims, including compensation for misrepresentation, or shabby goods or services.
6. The right to safety
From a trade and industry perspective, consumers should be protected against production processes, and products and services that are dangerous to health or life.
7. The right to a healthy environment
Consumers should be able to live and work in an environment that is not threatening to the well-being of present and future generations.
8. The right to access basic needs and services
Consumers should have access to basic goods and services, such as adequate food, clothing, housing, healthcare, education, clean water and sanitation.
Malcolm Lyons and Brivik Attorneys offer various legal services relating to consumer and patient protection rights in South Africa
Contact our offices below for further information
0861 MLB INC
Johannesburg Office
+27(0) 011 268 6697
Cape Town Office
+27(0) 21 425-5570
