Revisiting the right to information in plain and understandable language in the Consumer Protection Act

Abstract

Peter is an average and hypothetical South African consumer. He is working at the local municipality as an assistant-electrician. He is literate and has many things on his mind such as sport, his boss, money, politics and his favourite TV programs. He enters into several contracts on a daily basis. Buying a bread at a supermarket, petrol at a filling station, and meat at a butchery are just a few examples of contracts that he enters into on daily basis. Buying a car on credit, entering into a lease and buying a house are examples of more complex contracts that he often enters into. The common law of contract governs all the contracts that Peter enters into and will enter into. He, like many other consumers, will probably enter into thousands of contracts throughout his life. All goods and services that Peter use, and their distribution, have at heart a contract. Without contracts, Peter cannot exist. In fact, the law of contract underpins our society, and without it, ordinary life cannot exist. Peter, has in recent years entered into standard-form contracts of which he often does not understand the contents. He, for example, bought a TV from a local furniture store and it malfunctioned after 6 months. Based on a contract clause that Peter does not understand, the furniture store refuses to replace or repair the TV. So, Peter is upset and no one wants to assist him. Peter has been informed that section 22 of the Consumer Protection Act makes provision for a right to plain and understandable language in consumer contracts. The aim of this lecture is to revisit section 22 and more specifically the definition of plain and understandable language in the Consumer Protection Act.