Most of us only look up our consumer rights after something goes wrong: a faulty phone, a contract we did not understand, a service that never arrived.
The law gives you more than you might think. Here are the key rights and how to enforce them.
What law protects your consumer rights?
Two main laws apply, and they often work together:
| Law | What it covers |
|---|---|
| Consumer Protection Act (CPA) | Goods, services, advertising, contracts, pricing |
| National Credit Act (NCA) | Credit, loans, credit bureaus and debt |
If your problem is about a loan, see your rights under the National Credit Act. If it is about goods or services, the CPA applies.
What are the 6 main consumer rights under the CPA?
- Quality and safety. Goods must be safe, of good quality and fit for purpose.
- Honest information. Marketing must not mislead you, and prices must be clear.
- Fair contracts. Unfair or unreasonable terms can be challenged.
- A remedy for defects. If goods are defective, you may be able to return them within six months for a repair, replacement or refund.
- Cooling-off for direct marketing. In some cases you can cancel within five business days.
- Privacy. You can opt out of direct marketing.
Terms and conditions apply to each right, so read the Act or ask the National Consumer Commission.
What should you do when something goes wrong?
- Stop and gather proof: receipts, contracts, messages and photos.
- Contact the business in writing. Say what is wrong and what you want.
- Allow a reasonable time.
- Escalate. Use the industry ombud if one exists, or the National Consumer Commission.
- Consider the Consumer Tribunal or a court if needed.
A clear, polite letter with a deadline works better than a long complaint. State the problem, the remedy and the date:
“The phone I bought on [date], receipt attached, stopped working on [date]. Under the Consumer Protection Act I ask for a repair or refund within 10 days.”
What about credit and debt?
Credit disputes go to the Credit Ombud or the National Credit Regulator. For help with collections, see debt collectors. For loans specifically, see reckless lending.
What are your consumer rights when buying on credit?
- You must receive a quote. See the guide to the pre-agreement quote.
- The lender must assess affordability.
- Costs are limited by law.
- You can ask for a settlement quote. See settling a loan early.
How do you avoid problems?
- Read contracts before signing.
- Keep copies.
- Be careful with offers that pressure you.
- Pay by methods that leave a record.
Where can you complain?
- The business first.
- Industry ombuds, such as the banking ombud, the insurance ombuds and the Credit Ombud.
- The National Consumer Commission.
- The Consumer Tribunal and the courts.
How does the six-month rule work for faulty goods?
If you buy goods that turn out to be defective, the CPA gives you a right to return them within six months and choose a remedy: repair, replacement or a refund. Here is a hypothetical example.
You buy a phone for R4,500 and it stops working after four months.
| Step | What to do |
|---|---|
| 1 | Keep the receipt and note the date of purchase and the fault |
| 2 | Contact the shop in writing, and say you are returning defective goods under the CPA |
| 3 | Choose the remedy you want: repair, replacement or refund |
| 4 | Give the shop a reasonable time, for example 10 business days, and keep copies |
| 5 | If it refuses, escalate to the Consumer Goods and Services Ombud or the National Consumer Commission |
The six months run from delivery. Damage you caused is not a defect, so describe the fault honestly. A shop that refuses just because “the manufacturer’s warranty is 12 months” is not applying the law correctly.
What do the rules on fixed-term contracts say?
Many contracts for gym memberships, phones and subscriptions run for a fixed period. The CPA limits them in two ways:
- A fixed-term contract may not run longer than 24 months, unless you agree to a longer term and there is a real financial benefit to you.
- You can cancel a fixed-term contract on 20 business days’ written notice, although the business may charge a reasonable cancellation penalty.
Here is a hypothetical gym contract at R450 a month for 24 months, which totals R10,800. If you cancel after 12 months, the business can charge a reasonable penalty, but it cannot demand the full remaining R5,400 without justification.
Ask for the calculation in writing, and compare it with the contract.
Which ombud handles which consumer problem?
The right ombud depends on what went wrong.
| Problem | Where to go |
|---|---|
| Faulty goods from a retailer | Consumer Goods and Services Ombud |
| A loan or credit record | Credit Ombud |
| Banking and insurance | National Financial Ombud |
| A general consumer complaint | National Consumer Commission |
If the business is a member of an industry scheme, start with its ombud, because the process is often quick and free. Use the National Consumer Commission when there is no industry ombud, or when the business ignores you.
What are your rights when you buy online?
Online purchases are covered by the Electronic Communications and Transactions Act in addition to the CPA. The key right is a cooling-off period of seven days after you receive goods ordered online, within which you can cancel and return them.
You may have to pay the direct cost of returning the goods, so ask the seller before you buy.
Keep screenshots of the product page, the order confirmation and the delivery date. If a seller disappears, or the goods never arrive, tell your bank straight away. A clear record helps with any dispute. See online loan scams for the warning signs of fake sellers.
What should you remember about your consumer rights?
Your consumer rights are only as useful as your records and your willingness to ask. Keep receipts, contracts and messages in one folder, and write to the business before you escalate. Be specific about the remedy you want and the date by which you want it.
Most disputes are settled at the first written complaint. When they are not, the ombuds and the National Consumer Commission exist to help. Knowing your consumer rights is the first step, and the second is putting them in writing.
Frequently asked questions
How long do I have to complain about faulty goods?
Generally six months to return defective goods, under the CPA. Check the exact terms for your purchase.
Do consumer rights cover loans?
Credit is mainly governed by the National Credit Act, but the CPA covers marketing and fair dealing too.
Is there a cost to complain?
Contacting the business and the ombuds is generally free. Courts and legal advice can cost money.
Where can I get free advice?
The National Consumer Commission, ombuds and Legal Aid South Africa.
Can a shop refuse a refund because I opened the box?
Not if the goods are defective. The six-month right applies to defects. For goods that are not defective, a shop’s own return policy applies, unless the goods were bought online or through direct marketing.
Who pays to return faulty goods?
The supplier should bear the cost of returning defective goods. Keep proof of what you paid and ask for a refund of the cost.
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