CGSO Advisory Note 11 — Supply of Voetstoots Goods

[2021] ZACGSO 11

Proposition cited on the site

A voetstoots (“as-is”) clause cannot disclaim the CPA’s quality warranty for transactions where the buyer is a CPA consumer. Any contractual voetstoots wording is void to the extent it would waive s 55 / s 56 protections — voetstoots is dead against consumers under the CPA.

Operative position

The CGSO’s published statement on voetstoots is that:

• s 51 of the CPA renders void any term that purports to waive a right conferred by the Act.
• s 56 (the implied warranty of quality) is a CPA right that cannot be waived.
• A voetstoots clause attempting to do so is therefore unenforceable against a CPA consumer.

Voetstoots survives only in narrow non-CPA contexts:

• (a) genuine auction sales (CPA s 45);
• (b) goods materially altered after they left the supplier’s control;
• (c) the s 55(6) scenario where a specific implied condition was expressly drawn to the consumer’s attention and expressly accepted on that basis;
• (d) transactions outside CPA scope (e.g. juristic persons above the s 5(2) R 2m threshold, private once-off sales between non-suppliers).

Aligned with judicial authority

• Vonk v Willow Crest Motors CC [2019] ZANCT 63 (National Consumer Tribunal) — see ../cases/Vonk-Willow-Crest-ZANCT-63-2019.md. Held the voetstoots clause was a clear breach of CPA s 51.
• Fourie v Agenbag Motor Group [2018] ZACONAF 3 (North West Consumer Affairs Court) — see ../cases/Fourie-Agenbag-ZACONAF-3-2018.md. Ordered a full refund against a dealer who had relied on a voetstoots clause.

Site reliance

src/content/pages/aedilitian-remedies.md — “Voetstoots is dead against consumers” section. The Advisory Note is named there and the rationale traced back to s 51 read with s 56.

Cross-references

• CPA s 45, s 51, s 55(6), s 56 — see citations/statutes/CPA-2008.md
• Companion Advisory Note 1 (defective goods / onus) — see ./CGSO-Advisory-Note-01.md

Status

Operative effect summarised verbatim-equivalent above. Full Advisory Note text fillable on next refresh.