How To Claim Damages For A Defective Solar System?

A consumer who has bought a defective solar system in South Africa can claim damages under the Consumer Protection Act 2011 (CPA), which gives the right to safe, good-quality goods (section 56), an implied warranty of quality lasting at least six months (section 55), and the right to return defective goods within ten business days of delivery for a full refund (section 20). If the supplier or installer refuses to repair, replace or refund, the next step is a formal complaint to the National Consumer Commission (NCC) and, where needed, referral to the National Consumer Tribunal (NCT) for an order, with civil litigation in the Magistrate’s Court (claims up to R200,000) or the High Court available as an alternative or follow-on route for damages that exceed what the NCT can grant.

What Counts as a “Defective” Solar System Under the CPA

A solar system is defective if it fails to meet the standard a consumer is reasonably entitled to expect. That covers a wide range of failure modes:

• Underperformance against the system’s quoted output specifications
• Faulty components — panels, inverters, batteries
• Unsafe wiring or installation defects that create fire or shock risk
• Systemic failure within a short period of installation that suggests a manufacturing or workmanship defect

The CPA applies to every transaction between a supplier and a consumer in South Africa, regardless of value, where the consumer is a natural person or a small juristic entity and the supplier markets or sells in the ordinary course of business.

The CPA does not apply to defects caused by the consumer’s own misuse, by events outside the supplier’s control (for example, a lightning strike or hail damage — these fall under insurance instead), or by normal wear and tear beyond any express or implied warranty period.

The Statutory Rights You Are Claiming Under

The CPA bundles several distinct rights. Knowing which one you are leaning on makes the demand letter faster to write and harder to ignore.

Section	Right	What it means for a defective solar system
Section 56	Right to safe, good-quality goods	Every consumer has the right to goods that are reasonably suitable for the purpose for which they are generally intended, of good quality, in good working order and free of defects — the primary right relied on for an underperforming or unsafe solar system.
Section 55	Implied warranty of quality	Goods carry an implied warranty against latent and patent defects for at least six months after delivery; the standard warranty can be extended by the supplier in writing.
Section 20	Cooling-off / return right	A consumer may return goods and recover a full refund within ten business days of delivery (or later for a delayed delivery) without penalty, where the consumer cancelled a direct-marketing or unsolicited transaction. The broader CPA remedies for non-conforming goods sit in sections 55 and 56 and do not require a direct-marketing trigger.
Section 69	Warning labels and instructions	Solar systems must carry adequate instructions and warnings; failure to do so is itself a defect, and a useful additional ground where a consumer was misled about installation or safety procedures.

Step-by-Step: How to Claim Damages

1. Document the defect. Photograph the system, capture generation-meter readings that show underperformance against quoted specifications, and keep invoices, the original quote, the warranty terms, and any installer correspondence.
2. Get an independent technical assessment. A registered electrician or solar installer (different from the original supplier) can produce a written report identifying the defect and confirming whether it is a manufacturing, workmanship, or design fault. This report is the single most useful piece of evidence downstream.
3. Send a written demand to the supplier or installer. Set out the defect, the legal basis (CPA sections 55 and 56), and the remedy you want (repair, replacement, or full refund plus any proven consequential damages), with a 10 to 14 day deadline to respond. Keep the letter factual and avoid threats — the letter itself is evidence.
4. If the supplier does not respond or refuses, lodge a complaint with the National Consumer Commission (NCC). The NCC can investigate, refer the matter, and (through the NCT) issue binding orders including refunds, repairs, replacements and limited damages.
5. Refer the matter to the National Consumer Tribunal (NCT). The Tribunal can issue a binding determination on a consumer dispute referred to it; its remedial powers include ordering the supplier to refund, repair or replace, and to compensate the consumer for direct losses caused by the defect.
6. If damages exceed the NCT’s remedial reach, or the supplier ignores the Tribunal, issue civil summons. Sue in the Magistrate’s Court for claims up to R200,000 (jurisdiction under the Magistrate’s Courts Act 32 of 1944), or in the relevant High Court division for higher claims — pleading on the same CPA sections, supported by the technical report and the demand correspondence.

The Three Remedies Available

• Repair, replace, or refund — the supplier’s first-line obligation under sections 55 and 56. The consumer chooses; the supplier cannot insist on repair if the consumer prefers replacement or refund.
• Consequential / general damages — compensation for losses caused by the defective system itself, for example damaged household appliances, lost feed-in tariff revenue, alternative electricity costs while the system is non-functional, or fire damage caused by the installation.
• Costs and interest — recovery of legal costs (where the Magistrate’s Court or High Court grants them) and interest from the date the cause of action arose.

Comparison of the Three Routes

Route	Best for	Maximum practical award	Speed	Cost to consumer
Direct supplier resolution	Simple defects the supplier is willing to fix	Refund / repair / replacement value of system	Days to weeks	None to low (correspondence only)
NCC complaint + NCT referral	Disputes the supplier disputes, or where consumer wants an order the supplier will comply with	Refund, repair, replacement, limited consequential damages	3 to 9 months typical	Low to medium (no filing fee at the NCC; NCT filing fee modest)
Magistrate’s Court / High Court civil claim	Damages claims exceeding NCT scope, or where supplier ignores NCT order	Full damages including consequential loss and interest	6 to 24 months	Medium to high (sheriff fees, attorney fees, possible counsel)

Evidence You Will Need

• The original quotation, invoice and contract (or written terms) with the supplier or installer
• Warranty document — express warranty terms
• Generation-meter data and any monitoring-app exports showing underperformance
• Independent technical report from a registered electrician or solar PV installer (not the original supplier)
• Photographs and video of the defect, dated where possible
• Any written correspondence with the supplier, including the formal demand letter and the reply
• Proof of consequential losses (appliance repair invoices, alternative electricity bills, insurance claim documentation, fire-damage assessments)
• Proof of any insurance policy on the system and the insurer’s response, where applicable — insurance and the CPA route can run in parallel

Insurance, the CPA, and Civil Litigation — How They Interact

A policy covering the solar system (for example, a household contents policy that extends to solar installations) is the first port of call where the loss is accidental — hail, lightning, fire. The CPA does not apply to events outside the supplier’s control.

Where the loss is a defect (not an accident), the CPA route is the appropriate statutory remedy, and most policies exclude wear-and-tear and design defects — confirm the policy wording before assuming the insurer will pay.

A civil claim and an NCT referral can run in parallel but, in practice, the consumer usually exhausts the NCT route first because the costs and time-to-order are lower and the determination is binding.

Prescription: How Long You Have to Claim

• A civil claim for damages based on a defective solar system prescribes three years from the date the debt became due (in the case of a delivery-based claim, usually from delivery; in the case of a latent defect, from the date the defect was or should reasonably have been discovered) under the Prescription Act 68 of 1969.
• A CPA complaint to the NCC has no formal prescription period but is treated more favourably the sooner it is lodged; delay weakens both the evidentiary position and the NCC’s willingness to investigate.
• NCT proceedings must be initiated within a reasonable time of the dispute crystallising; the Tribunal will not entertain stale complaints.

What an Attorney Adds

• Drafting the demand letter in the correct legal form (so it carries weight and starts the limitation-clock running properly)
• Coordinating the independent technical assessment so it will hold up under cross-examination
• Pleadings in the Magistrate’s Court or High Court (founding affidavits, particulars of claim, discovery, pre-trial settlement attempts) if the matter goes that far
• Settlement negotiation once the supplier sees that the consumer has a properly evidenced file
• Where the consumer is a small business rather than a natural person, advising whether the CPA’s small-juristic-entity thresholds are met so the claim is correctly framed

Burger Huyser Attorneys’ litigation practice fields these files across its Gauteng branches, with the head office at 49 First Avenue, Linden, Randburg handling the initial demand-letter and assessment stage and the matter being routed to the appropriate local office once a court filing becomes necessary. The matter is then routed to the appropriate local office once a court filing becomes necessary.

Forum and Statutory Route in South Africa

A solar-system damages claim in South Africa does not begin in a Magistrate’s Court — it begins with a written demand to the supplier under the Consumer Protection Act 2011, followed by a complaint to the National Consumer Commission in its Pretoria office at the Department of Trade, Industry and Competition campus in Sunnyside if the supplier refuses to put the matter right. The National Consumer Commission investigates complaints and may refer matters to the National Consumer Tribunal, which sits in Centurion at the Lakefield Office Park on Hendrik Verwoerd Drive and has the power to issue binding remedial orders including refunds, repairs, replacements and limited consequential damages.

Where the loss exceeds the practical reach of a Tribunal order — typically where consequential damage to household appliances, business losses or property damage is substantial — the matter escalates to civil litigation. Claims up to R200,000 fall within the Magistrate’s Court’s jurisdiction under the Magistrate’s Courts Act 32 of 1944 and are filed in the district where the consumer resides or where the cause of action arose. Claims above that threshold must be filed in the relevant High Court division — the Gauteng Division, with its Pretoria or Johannesburg seats, depending on where the consumer or supplier is based; the Western Cape Division in Cape Town; the KwaZulu-Natal Division in Pietermaritzburg or Durban; and so on.

The Legal Practice Council’s published guidance on civil litigation costs, the Magistrates’ Courts Act rules on jurisdictional thresholds, and the National Consumer Tribunal’s rules published under the National Consumer Tribunal Act 102 of 2007 should be consulted directly for current filing fees, forms and procedural requirements before any matter is lodged.

Frequently Asked Questions

How long do I have to claim damages for a defective solar system in South Africa?

A civil damages claim prescribes three years from the date the cause of action arose under the Prescription Act 68 of 1969 — for a delivered system this is generally the delivery date, and for a latent defect the date the defect was or should reasonably have been discovered. A Consumer Protection Act complaint to the National Consumer Commission has no formal prescription period but should be lodged as soon as possible; the National Consumer Tribunal will not entertain a stale complaint.

Do I have to go to court to claim damages, or can the supplier be forced to refund without litigation?

In most cases the supplier is first approached through a written demand citing sections 55 and 56 of the Consumer Protection Act 2011, and many suppliers comply at that stage. If the supplier refuses, the matter can be escalated to a complaint to the National Consumer Commission and then to the National Consumer Tribunal, which can issue a binding order requiring a refund, repair, or replacement plus limited consequential damages. Civil litigation is reserved for cases where damages exceed the Tribunal’s practical reach or the supplier ignores a Tribunal order.

What if the solar system caused damage to my household appliances — can I claim for that too?

Yes — consequential damages caused by the defective system (damage to appliances, alternative electricity costs, lost feed-in tariff revenue, fire damage and so on) form a separate head of claim alongside the cost of the system itself. Consequential damages are best pursued through civil litigation in the Magistrate’s Court (for claims up to R200,000) or the High Court (for higher claims), supported by independent technical evidence linking the defect to the consequential loss.

My solar system is underperforming but the supplier says it is within tolerance. What can I do?

Get an independent technical assessment from a registered electrician or solar PV installer who is not connected to the original supplier. If the report shows performance materially below the quoted specifications or industry tolerance, the supplier’s defence falls away and you can issue a formal demand citing the CPA’s implied warranty of quality under section 55. Underperformance of more than 10 to 15 percent against quoted output is generally treated as a defect, but the independent report should give the actual measured figures.

Does the Consumer Protection Act apply if I bought the system through a finance or lease agreement?

Yes — the CPA applies to the underlying supply of goods regardless of how payment was structured. The supplier remains liable for the quality of the system, and the consumer’s remedies (repair, replacement, refund, damages) run against the supplier even where a third party financed the purchase. Whether the finance provider also has a separate liability is a question for the finance agreement and the National Credit Act, where applicable.

Can a small business or company claim under the Consumer Protection Act?

Only if it qualifies as a small juristic entity under the CPA’s turnover and employee thresholds (currently turnover below R2 million per year, fewer than 50 employees, and total assets below R2 million, subject to the consumer-protection regulations as amended). Larger businesses fall outside the CPA and must rely on common-law remedies (breach of contract, latent defect, warranty) and civil litigation in the appropriate court.

If your solar system is defective and the supplier or installer is refusing to repair, replace or refund, Burger Huyser Attorneys’ litigation team can assess the file, draft the formal demand under the Consumer Protection Act 2011, and run the matter through the National Consumer Commission / National Consumer Tribunal or, where damages warrant it, the Magistrate’s Court or High Court. Start with a consultation at the head office in Linden, Randburg (49 First Avenue, 011 888 0246) or any of the firm’s Gauteng branches; the matter is then routed to the appropriate local office once filing becomes necessary. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”) and was named Commercial Law Firm of the Year 2025 (5 Star Lawyers Awards).