n South African Law Journal - The consumer's 'right to fair, reasonable and just terms' under the new Consumer Protection Act in comparative perspective

Volume 126, Issue 3
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



The DTI and Parliament should be commended for introducing unfair contract terms legislation at last, in the form of ss 48 to 52 of the Consumer Protection Act 68 of 2008. However, more cognisance should have been taken of international best practice in this area in drafting this legislation. The problems faced by consumers which necessitate legislative protection could have been far better addressed through a number of strategies employed elsewhere. This article discusses the provisions on unfair contract terms in the Consumer Protection Act and recommends amendments to these provisions on the basis of comparative research. Courts are also urged to follow the recommendations made in this article for the interpretation of the provisions in the light of comparative research. Section 2(2)(a) of the Act specifically allows courts to have regard to relevant foreign and international law when interpreting the Act.

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