Electronic Communications and Transactions Act 25 of 2002
Act 25 of 2002
- primary url https://www.gov.za/documents/electronic-communications-and-transactions-act
- wayback url https://web.archive.org/web/*/https://www.gov.za/documents/electronic-communications-and-transactions-act
- saflii url https://www.saflii.org/za/legis/consol_act/ecata2002427/
- itu url https://www.itu.int/ITU-D/projects/ITU_EC_ACP/hipssa/Activities/SA/docs/SA-1_Legislations/South%20Africa/ElecComm.PDF
- src/data/content.ts — CLAUSES citing ECT sxx (s 42, s 43, s 44, s 46) See on homepage →
- src/data/content.ts — LAW_SECTIONS[1] (ECT Act group) See on homepage →
- src/data/content.ts — TEMPLATES referring to ECT s 44 / s 46 See on homepage →
Status of this file: structured per-section summary of operative effect. Direct quotations flagged inline. Verbatim primary text fillable from gov.za / SAFLII / ITU sources.
s 42 — Scope of Chapter VII (consumer protection in electronic transactions)
s 42(1): Chapter VII applies to electronic transactions for the supply of goods or services to consumers (other than as listed in s 42(2)).
s 42(2) — exclusions from cooling-off (s 44 only — does not touch s 43, s 46, or the CPA):
- (a) financial services (banking, insurance, investment, etc.)
- (b) auctions
- (c) supply of foodstuffs, beverages, or other goods intended for everyday consumption supplied to the home or workplace
- (d) services begun (with consumer’s consent) before the end of the 7-day period
- (e) goods made to the consumer’s specifications, or clearly personalised, or which by their nature cannot be returned, or are liable to deteriorate or expire rapidly
- (f) audio or video recordings or computer software which were unsealed by the consumer
- (g) newspapers, periodicals, magazines and books
- (h) gaming and lottery services
- (i) accommodation, transport, catering or leisure services where the supplier undertakes, when the transaction is concluded, to provide these services on a specific date or within a specific period
Site reliance: Clause 10 (non-returnable items) — these are valid exclusions from s 44 cooling-off only, not from s 56 defective-goods returns under the CPA.
s 43 — Information to be provided by suppliers
s 43(1): Online suppliers must provide on the website, before the consumer is asked to pay, the supplier’s full name and legal status, address, contact details, payment details, terms of agreement (including return / refund policy), warranty terms, alternative dispute resolution code, the security procedures for payment, and the manner and period within which the consumer can lodge complaints.
s 43(3): If a supplier fails to comply with s 43(1) or (2), the consumer may cancel the transaction within 14 days of receiving the goods or services.
Site reliance: Clause 07 (manufacturer-deflection) — accurate warranty info is part of s 43 disclosure; misrepresentation actionable.
s 44 — Cooling-off period for electronic transactions (the headline)
s 44(1): A consumer is entitled to cancel without reason and without penalty any transaction (and any related credit agreement) for the supply of —
- (a) goods within seven days after the date of the receipt of the goods; or
- (b) services within seven days after the date of the conclusion of the agreement.
s 44(2): The only charge that may be levied on the consumer is the direct cost of returning the goods.
s 44(3): If payment for the goods or services has been effected prior to a consumer exercising a right referred to in subsection (1), the consumer is entitled to a full refund of such payment, which refund must be made within 30 days of the date of cancellation.
s 44(4): This section must not be construed as prejudicing the rights of a consumer provided for in any other law.
Site reliance: Clause 01 (time limits) headline — “7 days for any reason, by law.” Quick Hit 04 — “ECT Act section 44 gives every online buyer a 7-day no-fault return right.”
s 46 — Performance
s 46(1): The supplier must execute the order within 30 days after receipt of the order, unless the parties have agreed otherwise.
s 46(2): If the supplier has not performed within 30 days (or as agreed), the consumer may cancel the agreement with seven days’ written notice.
s 46(3): If the supplier is unable to perform on the grounds that the goods or services ordered are unavailable, the supplier must immediately notify the consumer of this fact and refund any payments made within 30 days after the date of such notification.
Site reliance: Clause 14 (order cancellation) and Template T10 — supports the position that Takealot must refund within 30 days where it cancels for shortage.
s 47 — Applicability of foreign law
A consumer’s choice-of-jurisdiction right under s 47 is preserved against contractual stipulations to the contrary where the consumer was in South Africa at the time the agreement was concluded.
s 48 — Non-exclusion
The consumer’s rights under this Chapter cannot be excluded or waived by agreement.
Verbatim text
Operative paraphrases above. Verbatim text fillable from primary URL on next refresh; the s 44 wording is widely quoted across SA legal commentary and aligns with the paraphrase here.