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

Chapter 2 : Fundamental Consumer Rights

Part H : Right to fair value, good quality and safety

60. Safety monitoring and recall



1) The Commission must promote, within the framework of section 82, the development, adoption and application of industry-wide codes of practice providing for effective and efficient systems to—
a) receive notice of—
i) consumer complaints or reports of product failures, defects or hazards;
ii) the return of any goods because of a failure, defect or hazard;
iii) personal injury, illness or damage to property caused wholly or partially as a result of a product failure, defect or hazard; and
iv) other indication of failure, defect or hazard,

in any particular goods or in any component of them, or injury or damage resulting from the use of those goods;

b) monitor the sources of information contemplated in paragraph (a), and analyse the information received with the object of detecting or identifying any previously undetected or unrecognised potential risk to the public from the use of or exposure to those goods;
c) conduct investigations into the nature, causes, extent and degree of the risk to the public;
d) notify consumers of the nature, causes, extent and degree of the risk pertaining to those goods; and
e) if the goods are unsafe, recall those goods for repair, replacement or refund.


2) If the Commission has reasonable grounds to believe that any goods may be unsafe, or that there is a potential risk to the public from the continued use of or exposure to the goods, and the producer or importer of those goods has not taken any steps required by an applicable code contemplated in subsection (1), the Commission, by written notice, may require that producer to—
a) conduct an investigation contemplated in subsection (1); or
b) carry out a recall programme on any terms required by the Commission.


3) A producer or importer affected by a notice issued in terms of subsection (2) may apply to the Tribunal to set aside the notice in whole or in part.