The Consumer Protection Act: The control of unfair contract terms and unconscionable conduct under the Act 2026

The course will consider the rules under the Consumer Protection Act and reg 44 of the Consumer Protection Act Regulations relevant to the control of unfair contract terms and unconscionable conduct.

How the rules apply to business-to-small business contracts and franchising contracts will also be considered. Relevant case law by courts and the National Consumer Tribunal will be critically considered. Proposals will also be made on how the provisions in the Act and regulations could be improved.

Join us for this three-hour course.

When and where?

2 April 2026, 14:00 to 17:00 SAST

This course will be held remotely, most likely on Zoom.

Course outline

The following topics will be covered in the course:

• Why we need control and why by way of legislation
• Scope of application of the CPA and of reg 44 CPA Regulations
  • Was Beadica a CPA case? (Beadica 231 CC and Others v Trustees for the time being of the Oregon Trust 2020 (5) SA 247 (CC))
• Discussion of s 40 and ss 48-52 CPA, and reg 44
  • Including with reference to questionable cases such as Magic Vending (Pty) Ltd v Tambwe 2021 (2) SA 512 (WCC)
  • And other cases already considering these provisions
• Section 4 on interpretation
• Procedural enforcement mechanisms relevant to right to fair terms and conduct

Who will benefit from this course?

Attorneys, advocates, magistrates, in-house legal counsel, compliance officers

Presenter

Tjakie Naude is a Professor of Private Law at UCT, where she teaches the Law of Contract, including Specific Contracts, and Consumer Protection. She is a co-editor of Naude and Eiselen (eds), Commentary on the Consumer Protection Act, which is updated annually and is the leading commentary on this legislation and widely cited. Her research has been cited by the Constitutional Court, the Supreme Court of Appeal, High Courts, the National Consumer Tribunal and the Consumer Goods and Services Ombud, amongst others.

How much?

R1,650 per person

Certificate

A digital certificate of attendance from UCT will be issued to those who attend the full course.

Please note that the digital certificate can only be viewed on a secure portal. It cannot be downloaded or printed. You will have the option of ordering a hard copy of the certificate at your own cost, including the cost of the courier fee. More information is available here.

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