Prescription and access to redress for consumers : a consideration of the prescription provisions under the consumer protection acts of South Africa and India

Abstract

The limitation that is placed on the institution of legal proceedings is considered as being important for the purposes of ensuring legal certainty. Considering this, the Prescription Act 68 of 1969 has continued to co-exist alongside section 34 of the Constitution, which guarantees the right to access redress. The Consumer Protection Act 68 of 2008 (CPA) also introduces a specific statutory limitation that applies to transactions that fall within its scope. However, the provision is less nuanced and does not consider instances in which prescription might be interrupted. In many instances this has been to the detriment of consumers. In alignment with the CPA's dispute resolution process, consumers generally initiate their complaints with alternative dispute resolution agents, such as the accredited industry ombuds. Alternatively, consumers might refer their matters to the National Consumer Commission. Unfortunately, cases before the Tribunal have exposed the fact that consumers experience inordinate delays that lead to their complaints prescribing in terms of section 116(1) of the CPA. This article considers how this might be remedied, bearing in mind the prescription provision under the Consumer Protection Act, 2019 of India.