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Consumer Protection Act, 2008 (Act No. 68 of 2008)

Chapter 2 : Fundamental Consumer Rights

Part C : Consumer's right to choose

15. Pre-authorisation of repair or maintenance services



1) This section applies only to a transaction or consumer agreement
a) with a price value above the threshold prescribed in terms of subsection (5);


b) if, in terms of that transaction or agreement, a service provider supplies a repair or maintenance service to, or supplies or installs any replacement parts or components in, any property belonging to or in the control of the consumer, and—
i) the service provider has, or takes, possession of that property for the purpose contemplated in this paragraph; or
ii) in any other case, the consumer requests an estimate before any services or goods are supplied.


2) A service provider to whom this section applies, must not charge a consumer for the supply of any goods or services contemplated in subsection (1). unless—
a) the supplier or service provider has given the consumer an estimate that satisfies the prescribed requirements, and the consumer has subsequently authorised the work; or
b) the consumer, in writing, or by another recorded manner or form, has—
i) declined the offer of an estimate, and authorised the work; or
ii) pre-authorised any charges up to a specified maximum, and the amount charged does not exceed that maximum.


3) A service provider to whom this section applies must not charge a consumer for preparing an estimate required in terms of subsection (2)(a), including—
a) any cost of performing any diagnostic work, disassembly or re-assembly required in order to prepare an estimate; or
b) any damage to or loss of material or parts in the course of preparing an estimate,

unless, before preparing the estimate the service provider has disclosed the price for preparing that estimate, and the consumer has approved it.


4) If a supplier has provided an estimate for any service, or goods and services, the supplier may not charge the consumer a price for that service, or those goods and services, that exceeds the estimate, unless after providing the estimate—
a) the service provider has informed the consumer of the additional estimated charges; and
b) the consumer has authorised the work to continue.


5) The Minister may, by notice in the Gazette, prescribe a monetary threshold for the purpose of subsection (1)(a).