Judicial Guidance on the Application of Section 49 of the Consumer Protection Act, 2008 – Van Wyk t/a Skydive Mossel Bay v UPS SCS South Africa (Pty) Ltd [2020] 1 All SA 857 (WCC)

In South Africa, the legislature’s response to negative consequences resulting from pervasive use of disclaimers by suppliers has been regulate these terms through enactment a number provisions in Consumer Protection Act 68 2008 (CPA), including sections 48, 49 and 51. A publications have considered meaning impact they may on consumer contracts. As consequence widespread adverse hold for consumers, any judicial pronouncement CPA clauses is significant. Van Wyk t/a Skydive Mossel Bay v UPS SCS Africa ([2020] 1 All SA 857 (WCC) (Skydive UPS)), Western Cape High Court was afforded opportunity consider aspects section specifically clause agreement excluding risk or liability (referred as an “exemption clause” this note).Section applies four distinct types enumerated 49(1) – namely, limiting respect other person; constituting assumption consumer; imposing obligation indemnify supplier cause; requiring acknowledge particular fact. indicated, UPS, contentious one supplier. The focus note then interpretation application court relevant exemption clause.