INSIGHTS

From The Source

Massive recall of poular pet foods

Please click on link to view article: https://www.news24.com/business/companies/massive-recall-of-popular-pet-foods-including-bobtail-and-catmore-as-safety-scare-expands-20260305-0878

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Landmark ruling holds banks liable for faulty car sales

Stephen Grootes speaks to Fortune Chego, a candidate attorney at Trudie Broekmann Attorneys about the implications of the landmark Van Niekerk v FirstRand ruling, which has reshaped consumer rights in vehicle finance. Please click below to listen to the full interview:  

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From The Source

Click on link to view the full article https://www.thesouthafrican.com/news/volkswagen-polo-vivo-recalled-in-south-africa-25000-cars-recalled-faulty-handbrake/

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From The Source

Practical Tips from a Consumer Lawyer for filing a successful insurance claim

As consumer attorneys, we am well aware that many South African consumers are unhappy with their claims against insurance being rejected for invalid reasons. If you are unhappy with the payment offer you receive, the National Financial ombud, which has replaced both the Ombudsman for Short-term Insurance and the Ombudsman for Long-term Insurance, will investigate and adjudicate eon your complaint. Here’s the process and our tips on how to get a better outcome: Don’t sign

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From The Source

Top 3 Tips for Private Car Sale 

The Consumer Protection Act is not applicable when a sales transaction is concluded between private parties (in other words, when the seller is not acting in the ordinary course of his business). Nevertheless, there are ways in which one can ensure that you are protected when concluding a private sale agreement. Here are 3 things you can do when you are selling your car privately. a written agreement between you and the buyer. It can

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From The Source

Are you safe when shopping online?

Please click on link to view full article: https://iol.co.za/weekend-argus/2025-09-18-are-you-safe-when-shopping-online-experts-warn-after-shocking-pillow-find/

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From The Source

Care for your loved ones by skillful nomination of beneficiaries for your pension

We’ve recently been struck by how stressful it is for grieving family members to deal with technical financial decisions in the period just after their loved one has died. We have even seen this lead to devastating decisions which deprive those who are supposed to inherit from what was intended for their benefit.   If you have a pension, here are some pointers as to how you can help your loved ones avoid this type

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From The Source

How can I as a consumer support recycling of packaging materials to protect the environment?

At Trudie Broekmann Attorneys we think consumers care not only about the quality of the product they buy, but also about the long-term result it has on the environment. The packaging we throw into the bin is a big contributor to overfull landfill sites. South Africa’s 2021 Extended Producer Responsibility (EPR) regulations, developed by the Department of Forestry, Fisheries and the Environment (DFPE), require producers of packaging materials to take accountability for the management of

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From The Source

Cancer survivor triumphs in tribunal case

Click on link to view article: https://www.pressreader.com/south-africa/weekend-argus-saturday-edition/20250906/281951728948487?srsltid=AfmBOorTcFLsskWoGOd6ZU_-cEgxcrAcyB_b50XQCAC7tYT7I2K3mbad  

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From The Source

Is Your Landie Giving You a Headache? You May Not Be Alone.

Have you had strange issues with your Land Rover, Range Rover or Jaguar diesel vehicle?  If so, you are not alone, and you may have a right to take legal action. Across Australia and the UK, thousands of owners have joined class actions against Jaguar Land Rover (JLR), alleging that certain vehicles were sold with defective diesel particulate filter (DPF) systems. This system is a key part of the exhaust designed to collect soot and

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From The Source

Information officers: 30 June deadline for your 2025 PAIA report

The online portal for submission of Promotion of Access to Information Act annual reports opened on 1 April and will close 30 June 2025.   Step 1 is to register on the Information Regulator’s eservices- you can do that here: https://eservices.inforegulator.org.za/. The actual report is a 5 minute exercise unless you’ve had lots of PAIA requests in your organisation.   For plenty more information, take a look at https://inforegulator.org.za/2025/03/18/the-information-regulator-to-brief-the-media-on-developments-in-high-level-paia-cases-non-compliance-by-public-bodies-and-progress-on-popia-matters-2/

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From The Source

Our wish list for International Consumer Rights Day 2025

Fewer scams aimed at consumers. This can be achieved by better policing and if government requires online platforms to prevent criminals from misusing their platform, and if government requires banks to consistently refund scammed consumers.   Speaking of banks, we wish savvy consumers could trust their bank again. We hear story after story of consumers who have been disappointed by their bank- whether it’s a bank heist where the bank is laissez-faire about protecting their

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From The Source

Have you been injured due to a defective product? The law is on your side

 PIETERSE AND OTHERS V ORGANIC SYNTHESIS (PTY) LTD AND ANOTHER (61861/2017) [2024] ZAGPPHC 1195 (14 NOVEMBER 2024): A WIN FOR CONSUMERS In a recent decision, the Pretoria High Court in Pieterse and Others v Organic Synthesis (Pty) Ltd and Another (61861/2017) [2024] ZAGPPHC 1195 (14 November 2024) reaffirmed the rights of South African consumers to seek justice directly from the courts when injured by defective products, even if they have not first exhausted alternative remedies

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From The Source

Gesin reg vir vuurwarm regstryd teen ‘uitbuiting’ met lewensreg in Benoni aftree-oord

‘n Vuurwarm regstryd wink tussen ‘n weduwee, Erica Schroeder, haar werklose kinders en die ontwikkelaar van ‘n aftreeoord wat Erica en haar kinders se eis teen die boedel van haar man, Carl, verwerp nadat hy ‘n lewensreg in ‘n aftreeoord gekoop, ingetrek en vier maande later te sterwe gekom het.   Carl Schroeder het in 2023 ‘n lewensreg in die Ryn Village-aftreeoord gekoop.   Vier maande nadat hy ingetrek het, is Carl Schroeder oorlede. Die

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From The Source

Developer rejects life right claim

The legal battle lines are drawn between a jobless widow, Erica Schroeder, her unemployed children, and the developers of a retirement village who have rejected their claim of the estate of her ex-husband, Carl Schroeder, after he bought a life right in a retirement village and passed away just four months after taking possession.   Schroeder bought a life right in the Ryn Village Retirement Estate in Benoni in 2023.   He passed away four

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From The Source

Huge win for consumers on roaming costs

We won against #CellC in the National Consumer Tribunal in a case challenging the proviso on the #capping of #internasionalroaming charges by Cell C. The consumer capped her charges at R2k but got a #billshock for R7480.32 due to a sneaky contract proviso in the terms read to the consumer over the phone in terms of which Cell C passes on bills they get from overseas cellphone operators after the cap has kicked in. The

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From The Source

A WIN FOR CONSUMER REDRESS AND PRESS FREEDOM

ELS AND ANOTHER V EMEDIA INVESTMENTS (PTY) LTD (25902/2021) [2024] ZAGPJHC 1164 (19 NOVEMBER 2024): The Johannesburg High Court recently delivered a judgment which has affirmed the public’s right to transparency and accountability and has delivered a crucial win for both consumer redress and press freedom. Gregory John Els and his company, Praxley brought an urgent application seeking to prevent the broadcast of footage filmed by the Devi Show on e.tv. The footage in question

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From The Source

Can a property seller wash his hands of undisclosed hazards in the property? Voetstoots clauses and the impact of the Consumer Protection Act

Imagine, if you will, the following scenario : after years of saving up for a deposit and searching around for the perfect home to put down roots in, you finally take the plunge and buy your first home only to discover, after having taken transfer and moving into the property, that the property is fraught with serious defects which were never disclosed to you prior to entering into the sale agreement (“offer to purchase”). Examples

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From The Source

Unseen threats: vulnerabilities in POPI endanger our privacy and safety

In a recent case in the Cape Town High Court, disturbing details are emerging about how former rugby player, Zane Killian, who, along with 14 co-accused, has been charged with the murder of the head of the Western Cape division of the South African Police Service’s Anti-Gang Unit, Lieutenant-Colonel Charl Kinnear, used a cell phone tracking platform to stalk the officer in the months leading up to his murder. Killian and his co-accused have also

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From The Source

Beware of banks requesting your location

Risks, the impact on your privacy and what you can do In recent times, a concerning trend has emerged among South African banks, particularly Capitec Bank and FNB, where customers are increasingly being prompted to enable location services when using their banking apps. Although the purported aim is to enhance security and assist in fraud prevention, consumers should be wary of the potential for privacy invasions and question how their location data is truly being

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From The Source

Know your consumer lingo

Navigating consumer agreements and advertisements can be a daunting task, often leaving individuals confused by the terminology used. Certain terms frequently appear in consumer agreements and advertisements, yet their meaning is not known by many consumers.  As a firm specializing in consumer law, we recognise the importance of empowering consumers with clear and concise information. To this end, we have created a comprehensive glossary designed to define terms that consumers frequently encounter in consumer agreements,

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From The Source

Defend yourself against direct marketing

Direct marketing refers to any situation where a supplier approaches you to promote or offer to supply any goods or services, according to the Consumer Protection Act (CPA). Direct marketing takes place when a consumer is either directly or indirectly approached in person, via mail or via electronic communication. If the consumer first approached the supplier, e.g. by logging on to its website or subscribing to the supplier’s newsletter, then marketing from that supplier via

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From The Source

Domicile- what is that and what should I know about it?

The concept of domicile is one that is somewhat illusive and yet carries serious legal consequences. In South Africa, your private legal status is determined by the laws of the country or place in which you are domiciled, but what does the term actually mean? Domicile is derived from the Latin term domicilium which in turn is derived from domum colere which means to inhabit the home. Your domicile is thus your place of habitual

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From The Source

Get Value from your Property Practitioner

The new Property Practitioners Act offers consumers a range of new protections. In the light of these changes, we approached Jaclyn Goliath for some input on what value the services of an estate agent, now known as property practitioner, adds to the consumer experience of buying or selling a property. She responded: Buying a property is a significant investment and can be a daunting task for many people. In South Africa, Property Practitioners, formerly known

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From The Source

Fake Goods, Real Concern: How the Law Protects Consumers from Counterfeiting

What do you do when you discover that you have bought counterfeit goods? A friend of the firm was recently presented with this dilemma. She purchased a pair of “AirPods” at an incredibly discounted price and was sharing what a great deal she had received with her siblings when they pointed out to her that she had been duped and it was unlikely that they were authentic. Determined to prove them wrong, she Googled whether

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From The Source

Consumer claims- when do I go to an attorney and when to a mediator or consumer office?

Mediation succeeds if the supplier (the car dealership, the retailer, the bank etc) is willing to engage with the complaint and willing to compromise to make your complaint go away. You’re wasting your time and money on mediation or consumer offices when the supplier is not honest in seeking a solution and doesn’t care enough about its reputation to sort out a consumer complaint. Then you need a lawyer. Various free consumer resources (in this

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From The Source

Immigrants’ children’s birth certificates- what if the parents are not legally in SA

The High Court in Gqeberha delivered an important judgment for children on the 10th of January this year. In the matter of  J and Another v the Minister of Home Affairs and Another, the court made a ruling declaring Regulation 12(2)(c) of the Birth and Deaths Registrations Act 51 of 1992 unconstitutional. The facts of the case are as follows: J (the first applicant) is a South African citizen and the mother of a child

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From The Source

How does a consumer claim their money back from a supplier without paying an arm and a leg in legal fees?

If you are based in the Western Cape:   Step 1: write to the supplier and explain your unhappiness in detail. Show the calculation of the amount you’re claiming and demand that it be paid to you within 7 days, and say otherwise you will report the supplier on social media and to the National Consumer Tribunal who can fine them up to R1 million. Give your bank account details for the payment. Keep a

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From The Source

How to safeguard your personal information

I recently applied for vehicle finance as well as applying for a visa to visit the UK. In the process I had to disclose a LOT of sensitive personal information, from bank statements to details of my loved ones- definitely sufficient information to allow a criminal to commit identity theft, to stalk me and worse. Do I sound a bit neurotic? Well, the last time I applied for a UK visa, my information was leaked

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From The Source

How to deal with dodgy insurance

In the course of this year, I sold my car and then had a period where I hadn’t yet bought a replacement. During that time I was driving my husband’s car which is insured with Outsurance when I had an accident on 12th May which caused damage to the other car, which was parked and is owned by a sweet woman whom we will call Sherry (not her real name). I left a note for

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From The Source

NCT Judgment – NCC v Vodacom (Pty) Ltd dated 13 October 2023

Our firm gets regular complaints from tenants, renters of office equipment, members of gyms etc that their cancellation rights in section 14 of the Consumer Protection Act are being flouted. So it was with excitement that we read the judgment of 13 October 2023 by the National Consumer Tribunal against Vodacom finding them guilty of prohibited conduct and imposing a R1 million fine.  This judgment is a wake-up call for the telephony industry, which has

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From The Source

Reuse-stryd wink voor SA tribunaal oor ‘onregverdige stroming-fooie waarvoor verbruikers opdok’

‘n Reuse-stryd wink voor die nasionale verbruikerstribunaal tusen die selfoon-netwerk Cell C en die 42-jarige Kaapse vryskut-skrywer Julie Williams oor wat sy beskryf as onredelike en onbillike internasionale stromingfooie van R11265,32 wat aan haar opgedwing is deur die selfoon-netwerk vir net enkele ure se verbruik in Frankryk in Mei 2022.   Dis  ondanks die feit dat Cell C ingestem het tot ‘n maandelikse rekening-plafon of -perk van R3785 vir haar buitelandse stroming voor haar vertrek.

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From The Source

Mind the cap- battle looms between Cell C, Broekmann about ‘excessive, unfair” international roaming costs

A major battle looms at the national consumer tribunal between the cell phone operator Cell C and a 42-year old Cape Town-based freelance writer, Julie Williams, about what she describes as unfair and unreasonable international roaming costs of R11265,32 incurred for only a few hours usage in France in May 2022, despite Cell C agreeing upon a monthly bill limit of R3785 for her international roaming prior to her departure.   Williams said she had

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From The Source

Don’t skip this key step- registering a Customary Marriage

Ensuring that your customary marriage is legally valid is of the utmost importance and carries major consequences. In South Africa, customary marriages are governed by the Recognition of Customary Marriages Act 120 of 1998 which came into effect in 2000. This Act sets out what is meant by a customary marriage and the requirements that must be fulfilled for it to be deemed valid. Couples wishing to marry in terms of customary rites and those

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