Home › Rights by Province › Gauteng › Defective Product Recall Rights

Defective Product Rights in Gauteng

The Consumer Protection Act (CPA) gives you strong rights against defective goods in Gauteng. You are entitled to a repair, replacement, or refund within 6 months of purchase without needing to prove the cause of the defect.

The Law That Protects You

Consumer Protection Act 68 of 2008 — Section 56
Within 6 months of delivery, a consumer may return defective goods and demand a repair, replacement, or refund at the consumer's choice.
Consumer Protection Act 68 of 2008 — Section 61
A producer, importer, distributor, or retailer is liable for harm caused by an unsafe or defective product, regardless of fault (strict liability).

What To Do — Step by Step

  1. Step 1. Document the defect — photographs, video, and a written description of how the product failed.

  2. Step 2. Within 6 months of purchase, return the product to the retailer and demand a repair, replacement, or refund — your choice, not theirs.

  3. Step 3. If the retailer refuses, send a formal written complaint citing section 56 of the CPA.

  4. Step 4. If still no resolution, lodge a complaint with the National Consumer Commission (NCC) or the relevant industry ombud (e.g., Motor Industry Ombudsman for vehicles).

  5. Step 5. For personal injury or property damage caused by the defective product, consult an attorney about a strict liability claim under section 61 of the CPA.

Frequently Asked Questions

Does the 6-month rule apply to all goods in Gauteng?
Yes, for goods that would normally last longer than 6 months. For perishable goods, a shorter implied warranty period applies. After 6 months, you can still claim under the common law warranty against latent defects.
Can a retailer refuse to refund me and only offer a repair in Gauteng?
No. Under the CPA, within 6 months you have the right to choose between repair, replacement, or refund. The choice is yours, not the retailer's.
What if the product injures me in Gauteng?
You have a strict liability claim against the producer, importer, and retailer under section 61 of the CPA — you do not need to prove negligence. Claim for medical expenses, loss of income, pain and suffering, and related losses.

Legal Resources in Gauteng

📋 CCMA: Johannesburg CCMA (011 377 6650) or Pretoria CCMA (012 843 1000)

⚖️ Legal Aid SA: Legal Aid South Africa — Johannesburg (011 877 2000) or Pretoria (012 325 1726)

🏛️ High Court: Gauteng Division of the High Court (Johannesburg: 011 335 0082 | Pretoria: 012 315 0868)

🏢 Magistrates' Courts: Johannesburg, Pretoria, Randburg, Soweto, Midrand, and other magistrates' courts

🏠 Rental Housing Tribunal: Gauteng Rental Housing Tribunal (011 355 4000)

Gauteng has the highest volume of labour disputes, housing evictions, and consumer complaints in the country. Multiple CCMA regional offices serve the province.