South Africa - International Franchise Association

A detailed listing of the relevant technical specifications by product is given at
http://www.sabs.co.za/ (see Commercial Services).
SABS is responsible for the issuing of LOA’s (Letter of Authorities), i.e., the control
documentation on the importation of several items where certain standards must be met.
Imports into South Africa must comply with the specifications for a given product or the
relevant application.
If an imported product does not bear a quality or standards specification marking, the
importer will finally be liable for the quality of the product. Established importers will
therefore want to divest themselves of this liability by ensuring the product under
discussion complies with the pertinent specifications and bears the relevant standards
marking.
The marking and labeling often revolve around the categories listed above to ensure
consumer and environmental protection. Often the importer will insist that the foreign
manufacturer affix these at the time of manufacture or shipment from the factory. Only
in exceptional cases will the importer, wholesaler or retailer at the bulk break stage be
prepared to affix these labels and markings.
Labeling and marking requirements pertain mainly to textiles, shoes and bags, where a
permanent label identifying the manufacturer and country of origin must be displayed.
This process is administered by ITAC. Other, controlled import items that are subject to
pre-import approval (noxious chemicals, pharmaceuticals; bacteriological, nuclear /
radioactive and dangerous / volatile items) are imported by registered importers whose
labeling and marking requirements are defined on an ad hoc basis during the product
approval process.
It is common practice for retailers to insist that imported technical goods carry safety
instructions or other user guides in the English language. Pictures and/or diagrams
often supplement English user instructions. While liability laws and conventions in South
Africa are not as onerous as in the United States, the retailer, wholesaler and importer
are all desirous to reduce their liability to a minimum. South African legal practice
follows the precepts of English Commercial Law, as well as Roman Dutch civil law.
It is also common for the user to indicate details of the official South African service
agent for the product, and, less often, the importer of the product. This user instruction
will also indicate the information about the South African warranty.
It is important to note that the new South African Consumer Protection Act (CPA) which
came into effect in April 2011 will give consumers greater legal clout when lodging
product liability damages claims. The act places greater liability on foreign
manufacturers in addition to their distributors, and shifts greater burden of proof on the
manufacturer, not the consumer should someone sue for damages. The stricter rule
allows for the foreign company’s assets in South Africa to be forfeited to pay any
damages caused by the product. The provisions of the CPA are especially important
when it comes to labeling. U.S. manufacturers must take extra care on any product that
needs warning labels or product information sheets explaining product use, as both the
local retailer as well as the manufacturer could be liable.