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.
