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In this guide
By Onah Attorneys Inc • Updated July 2026 • Legal information, not a substitute for advice on your specific matter.
The Consumer Protection Act 68 of 2008 handed South African consumers some of the strongest rights in the world — and suppliers count daily on nobody enforcing them. Six-month warranties on everything, refunds at your election, cooling-off rights, plain-language contracts, and regulators who work for free. This guide sets out the rights that matter and the escalation path that makes suppliers respond.
The six-month implied warranty
Section 56: every product sold by a supplier carries an automatic six-month warranty. If it fails, YOU choose repair, replacement or refund — not the store. ‘No refunds’ signs and ‘store policy’ cannot override the Act. Used cars from dealerships carry it too; only true private sales escape.
Cooling-off and cancellation rights
Direct-marketed purchases (telesales, door-to-door): 5 business days to cancel, full refund, no reason needed (s16). Fixed-term contracts (gym, cellphone): cancellable on 20 business days’ notice against a reasonable penalty (s14). Advance bookings and reservations: cancellable against a reasonable charge (s17). ‘Reasonable’ is the supplier’s burden to justify, not yours to accept.
Quality of services
Section 54: services must be performed timeously, with proper skill, and goods used must be free of defects. Abandoned renovations, botched repairs and endless delays breach the Act — remedies include completing performance, refunding the difference, or refunding entirely.
Unfair terms and misleading marketing
Sections 48–52 outlaw excessively one-sided terms — sweeping indemnities, forfeiture-of-everything clauses, unilateral price changes — and courts can strike or rewrite them. Bait marketing, false ‘sales’ and misleading claims breach Sections 29–41. The fine print loses when it offends the Act.
The escalation ladder that works
1) Written complaint to the supplier citing the exact CPA section and your elected remedy. 2) The industry ombud — Consumer Goods & Services Ombud for retail, MIOSA for vehicles — free and binding-ish. 3) National Consumer Commission. 4) Court. Suppliers who ignore step 1 tend to discover manners at step 2; documented trails win every stage.
Vehicles: the CPA’s biggest battlefield
Defective used cars from dealerships are the ombud’s #1 complaint category. The dealer’s ‘voetstoots’ does not defeat the CPA; the six-month warranty applies; and MIOSA plus a properly framed Section 56 demand recovers refunds and repairs weekly. Keep the OBD reports, job cards and every WhatsApp.
Frequently asked questions
Can a store refuse a refund for a faulty product?
Not within six months of purchase — Section 56 gives you the election of repair, replacement or refund. Store policy cannot override national legislation.
Does the CPA apply to private sales?
No — it binds suppliers acting in the ordinary course of business. Private second-hand sales fall back on the common law and any written terms, which is why buying privately is cheaper and riskier.
Are ‘no refunds’ signs legal?
For defective goods, no — they’re void against Section 56. For change-of-mind returns, a store may lawfully refuse (no general change-of-mind right exists outside direct marketing).
Where do I complain about a dealership?
The Motor Industry Ombudsman (MIOSA) after a written CPA demand to the dealer. Vehicle files with documented defects and timelines succeed regularly — and litigation remains available above it.
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