An Evaluation of Section 14 of the Consumer Protection Act 68 of 2008

Abstract

This article analyses the effect of section 14 of the Consumer Protection Act 68 of 2008 (CPA) on fixed-term agreements. As a background, the need for consumer protection legislation is established by considering the underlying philosophy in the United Nations Consumer Protection Guidelines, which recognises that consumer protection is a basic right of all people. Consumer rights play an important role in the protection of consumers, and the fundamental rights of consumers will be highlighted, as well as the rights and protections provided to consumers in section 14 of the CPA. Then the aims and purposes of the CPA will be considered. These aims and purposes include promoting consumers' full participation in the economy, ensuring accessible, transparent and efficient redress to consumers when exploited, and effecting recognised international consumer rights. The paper will first investigate whether section 14 of the CPA effects the aims and purposes of the Green Paper on the Consumer Policy Framework, the Constitution of the Republic of South Africa, 1996 and the preamble of the CPA. Thereafter the protection of the consumer provided under section 14 will be analysed, and it will be considered whether the consumer is sufficiently protected in section 14. Finally, it will be established whether the consumer is also effectively empowered under section 14 with effective rights and knowledge in line with the provisions of section 3(1)(f) of the CPA, which envisions the empowerment of consumers.