Journal article

"Innovative Orders" under the South African Consumer Protection Act 68 of 2008

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Publication Details

Author list: Naude T, De Stadler E

Publisher: Academy of Science of South Africa (ASSAf) / North-West University

Publication year: 2019

Journal: Potchefstroom Electronic Law Journal

Volume number: 22

Start page: 1

End page: 32

Total number of pages: 32

ISSN: 1727-3781



This article considers section 4(2)(b) of the South African Consumer Protection Act 68 of 2008 (hereafter the CPA), which grants a power to courts and the National Consumer Tribunal to make "appropriate orders to give practical effect to the consumer's right of access to redress", including, but not limited to, "any

innovative order that better advances, protects, promotes and assures the realisation by consumers of their rights" in terms of the CPA (in addition to any order provided for in the CPA). First, a brief overview of the provisions on interpretation of the CPA is given, to give context to the interpretation of the power of the

courts to make innovative orders. Thereafter, instances are discussed where it is undoubtedly clear that innovative orders are needed, that is, where the CPA creates a right without a remedy.

Examples are the consumer's right to receive delivery of the goods or performance of the services within a reasonable time where no time for performance was agreed upon, and the consumer's right to assume that "the supplier has the legal right, or the authority of the legal owner", to supply the goods. This part includes analysis and criticism of the only reported decision which discusses the delineation of the power to grant innovative orders, and which unjustifiably refused to grant such an order in respect of the consumer's right that the goods supplied "remain useable and durable for a reasonable time".


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Last updated on 2020-09-01 at 11:10