Dear Select Committee on Economic Development and Trade,

1. Executive Summary

South African consumers face recurring challenges when manufacturers stop producing spare parts for household appliances long before the appliances reach the end of their functional lifespan. This results in premature replacement costs, avoidable waste, and economic inefficiencies.

Unlike the European Union and other jurisdictions, South Africa has no law compelling manufacturers to ensure spare parts availability or to disclose product repairability. This loophole undermines Section 55 of the Consumer Protection Act (CPA) on durability, ISO 14001 environmental commitments, and national goals for industrialization and job creation.

We propose a legislative review and amendment to the CPA, introducing mandatory spare parts availability, right-to-repair provisions, and support for local SMME participation in manufacturing and refurbishing parts. This will protect consumers, reduce waste, create jobs, and boost local manufacturing capacity.


---

2. Problem Statement

Consumers across South Africa are routinely forced to discard otherwise repairable appliances due to manufacturers:

Discontinuing essential spare parts soon after a product is upgraded.

Failing to disclose how long spare parts will be available at the time of purchase.

Restricting access to technical manuals and repair tools, limiting independent repair options.


Case Example:

A Defy refrigerator (purchased 2008) became unusable because the OEM cooling fan is no longer manufactured. A replacement aftermarket fan with lower specifications fails to adequately cool the fridge.

A Defy stove was replaced entirely three years ago because a single faulty hotplate could not be repaired due to lack of spares.


This problem:

Increases cost of living, forcing unnecessary replacements.

Generates avoidable electronic waste, contrary to environmental management standards.

Blocks SMMEs from participating in local manufacturing of non-proprietary spare parts.

Contradicts the spirit of the CPA, which promises durable, maintainable goods.



---

3. International Benchmarks

EU Ecodesign Regulation (2021): Manufacturers must ensure 7–10 years of spare parts availability for household appliances.

France: Repairability index and 10-year spare parts guarantees.

USA (emerging laws): Right to Repair Acts ensure parts, manuals, and tools are available at fair prices.


These laws extend product lifespan, reduce waste, and stimulate local repair industries.


---

4. Proposed Legislative Reforms

4.1 Amendments to the Consumer Protection Act:

Durability and Spare Parts Guarantee: Manufacturers must provide spare parts and technical support for a minimum of 10 years after a model is discontinued.

Repairability Disclosure: Products must carry labels indicating lifespan, repairability rating, and spare parts availability timeframe.

Right to Repair Access: Spare parts, diagnostic tools, and repair manuals must be available to independent repairers and consumers at fair, transparent prices.


4.2 Industrialization and Job Creation Clause:

Manufacturers must partner with local SMMEs to:

Produce non-proprietary spare parts locally.

Establish refurbishment and recycling programs for older appliances.


This will stimulate local manufacturing, reduce imports, and create employment opportunities, aligning with:

National Development Plan 2030

Sustainable Development Goals (SDGs 8, 9, 12, and 13)



4.3 Enforcement Mechanism:

Non-compliance subject to fines, product recalls, or restrictions on new model sales until obligations are met.

Oversight by the National Consumer Commission (NCC) and South African Bureau of Standards (SABS).



---

5. Benefits of Legislative Reform

Consumer Protection: Reduces household costs from forced replacements.

Environmental Sustainability: Reduces e-waste, aligns with ISO 14001 principles.

Job Creation: Opens space for local SMME spare parts manufacturing and repair services.

Industrialization: Builds domestic capability, reducing dependency on imported spares.

Fair Trade Practices: Encourages transparent, accountable manufacturing standards.



---

6. Call to Action

We urge the Portfolio Committee to:

Initiate a review of CPA Sections 55–56, incorporating mandatory spare parts availability and right-to-repair provisions.

Launch public hearings and stakeholder consultations with manufacturers, consume