An overview of the consumer safety and product liability regime in South Africa

Abstract

In recent years the focus on global sustainability, product safety and taking suppliers to task who do not comply with safety standards has increased. It became particularly prevalent in South Africa, even before the COVID-19 pandemic (that certainly changed the way in which suppliers do business moving forward). An efficient regulatory framework for consumer safety and product liability is specifically important when it comes to vulnerable consumers. The purpose of this contribution is to provide an overview of the regulatory framework for consumer safety and product liability in South Africa with particular focus on the provisions of the Consumer Protection Act 68 of 2008 (CPA). The overview follows the supply chain and life cycle of consumer goods to determine whether or not all the stages are regulated in terms of consumer protection law (specifically the CPA). The contribution will include a discussion on the purpose and application of the CPA regarding consumer safety and the interplay between the CPA and other relevant laws. The multi-agency framework and importance of co-operation of regulatory bodies will also be covered. The contribution will further touch on the following provisions in terms of The CPA: The introduction of a consumer class action for collective redress as a vehicle to enforce consumer safety; product labelling, trade descriptions and the warning of risks; goods that comply with a standard of good quality (defective goods); recovery and safe disposal of harmful products and components; product recall; and product liability. Ultimately the contribution will also aim to identify whether the South African regulatory framework is efficient and which areas may need more attention in view of comprehensive consumer protection.