Caveat subscriptor, the consumer-friendly approach : an analysis of Van Wyk v UPS SCS South Africa (Pty) Ltd

Abstract

Prior to the Consumer Protection Act 68 of 2008 ('CPA'), the consumer in South Africa was without substantive protection when concluding contracts with suppliers. This case note explores how the CPA has changed this position by the introduction of information disclosure requirements in terms of s 49 of the Act ('notice required for certain terms and conditions') and the important link to s 22 of the Act, which affords the consumer the right to information in plain and understandable language. The recent judgment in Van Wyk v UPS SCS (Pty) Ltd [2020] 1 All SA 857 (WCC) is a long awaited decision that provides clarity on aspects of the disclosure requirements that have been prescribed by the Act.