Page 49 - Nexia SAB&T Business in South Africa Guide 2024

■ Employment contracts.
■ Collective bargaining and bargaining agreements.
■ Specific exemption granted by the Minister.
Despite the exemptions above, certain provisons of the CPA apply to Franchise
Agreements and in relation to Product Liability.
Eight Fundamental Consumer Rights
The CPA introduces a formal set of consumer rights into law, based on
internationally accepted and United Nations adopted consumer rights.
■ Right to equality in the consumer market.
■ Right to privacy.
■ Right to choose.
■ Right to fair and honest dealing.
■ Right to disclosure and information.
■ Right to fair value, good quality and safety.
■ Right to fair and responsible marketing.
■ Right to fair, just and reasonable terms and conditions.
Safety of Consumers and Informed Consent
The CPA is designed to ensure the safety of consumers and to provide
specifically for informed consent. A supplier is required to draw the consumer’s
attention in a conspicuous, clear and understandable way, to any risk that could
result in serious injury or death.
Product Liability
Product liability and safety law are both areas of law focused on unacceptable
risks of death, injury or damage, prevention of the realisation of those risks and
assuring compensation when or if the risks do realise.
The CPA, under the fundamental right to fair value, good quality and safety,
establishes a form of modified strict liability of producers, importers, distributors
or retailers (or all of them jointly and severally) for harm caused by or as a
result of, the supply of goods which are unsafe, or failed products, or defects or
hazards in any goods, and for inadequate instructions or warnings provided to
the consumer.

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