The Consumer Protection Act 68 of 2008 is far-reaching, ambitious and the first of its kind in the Republic of South Africa. Before and even after the Act has come into force it still has many jurists scratching heads.
The focus of this discussion will be on the effects of the Consumer Protection Act on the common law warranty against latent defects given by the seller as well as the effect of the Consumer Protection Act on the exclusion of the seller’s warranty in terms of a voetstoots clause. The consumer’s right to fair value, goods quality and safety (section 55) as well as the consumer’s implied warrant of quality (section 56) is discussed. The position as it stands in terms of English Law is also discussed with regards to latent defects.