What Are The Steps For Rescinding A Faulty Solar System Purchase?

Rescinding a faulty solar system purchase in South Africa rests on two parallel tracks: the Consumer Protection Act 68 of 2008 — sections 55 and 56 give a consumer a six-month implied warranty of quality running from delivery of the goods, with the supplier bearing the burden to repair, replace, or refund if the goods fail within that period — and the common-law remedies of breach of contract and misrepresentation (dolus). The two pathways converge on the same destination: the consumer delivers a written demand, gives the supplier a defined cure window (commonly 14 to 30 days), and if no satisfactory remedy is forthcoming, escalates either to the National Consumer Commission (NCC) via the National Consumer Complaints Register or, where the dispute is purely contractual or the claim value justifies it, to the Magistrate’s Court or the relevant provincial High Court.

Why Rescission Is Different from a Refund Request

A refund request asks the supplier to take the goods back and repay the price. Rescission goes further: it unwinds the contract as if it had never been concluded, restoring the parties to their pre-contract position. Under the Consumer Protection Act 68 of 2008, section 56 gives a “consumer” (as defined in section 1 of the Act) a six-month implied warranty of quality that runs automatically from delivery of the goods; any failure within those six months is presumed under section 56(2) to be a non-conformity existing at the time of delivery, with the burden on the supplier to prove otherwise.

Common-law rescission requires more — a recognised ground such as dolus (misrepresentation), undue influence, or a breach serious enough to go to the root of the contract — but it is available even outside the CPA framework (for instance where the transaction is between juristic persons and does not meet the CPA’s “consumer” definition). Most solar disputes are pursued under both tracks simultaneously, because the grounds overlap and the common-law action is the fallback if the CPA route stalls. A specialist contracts attorney — Burger Huyser Attorneys runs this work through its Commercial Law / Contracts practice, led at consultant level by J’Retha van Rensburg — can map which combination of grounds fits the transaction at the intake stage.

Step 1 — Gather the Paperwork and Confirm the Facts

The first job is to build the file. Pull together:

• the signed sale agreement, any quotations, and the final invoice;
• all payment records (EFT confirmations, card slips, finance agreements);
• the installation certificate and commissioning documents;
• the warranty card issued by the manufacturer or installer; and
• any prior correspondence — email, SMS, WhatsApp — about the system’s performance, including promises made at the point of sale.

Capture the fault on the record: dated photos and short videos of the inverter display, error codes, the meter reading, and any shutdowns or underperformance events. Where the issue is technical, engage a qualified electrician or independent solar installer for a written fault report. Identify when the system was delivered, installed, and commissioned — that date anchors the six-month implied-warranty clock under section 56 of the Consumer Protection Act and the three-year general prescription period under the Prescription Act 68 of 1969 for any common-law claim.

Step 2 — Decide Which Track Applies (CPA, Common-Law, or Both)

Use the Consumer Protection Act 68 of 2008 where the transaction falls within section 5 of the Act (it generally does for natural-person consumers purchasing solar for personal, home, or small-business use, regardless of price) and the defect surfaced within the relevant warranty window. Use common-law remedies where the transaction is between juristic persons, where the CPA’s “consumer” definition is not met, or where the claim rests on what was said or promised at point of sale (dolus) rather than on a defect that emerged after delivery.

Decide first whether a CPA cooling-off right under section 16, read with the direct-marketing framework in section 20, is still open. Only transactions concluded by direct marketing qualify — door-to-door, telephonic, or electronic solicitation — but where the right applies, it is the cleanest escape route and forecloses the need for any defect claim. The window is strict: five business days from the later of the order or delivery.

Step 3 — Serve a Written Demand on the Supplier

The demand is the legal fulcrum of the dispute. Without a clean written record, an NCC complaint or a court claim often founders on the absence of evidence. A complete demand should:

1. identify the contract and the date it was concluded;
2. describe the defect precisely, with reference to the specifications promised and the actual output observed;
3. cite the basis of the claim (Consumer Protection Act sections 55 and 56, and where applicable common-law misrepresentation or breach);
4. state the remedy required — rescission of the contract, full refund of the purchase price, plus consequential damages such as the cost of alternative power while the dispute ran; and
5. allow the supplier a defined cure period — 14 days is a defensible default for a residential system, with 30 days common in commercial solar contexts.

Send the demand by method that leaves a verifiable trail: registered mail to the supplier’s physical (domicilium) address, a contemporaneous email to its registered address, and (where appropriate) a copy to the manufacturer’s head office so the warranty chain is on notice. Burger Huyser Attorneys’ Commercial Law / Contracts team routinely drafts these demands; the matter can be handed to the firm’s litigation arm — under Director Nadine Roesch-Prinsloo at the Roodepoort branch — if it escalates to a summons.

Step 4 — Allow the Supplier the Right to Cure

Section 56(3) of the CPA obliges the consumer to first allow the supplier a reasonable opportunity to repair or replace the goods before any other remedy is claimed; failing to give that opportunity weakens the position, and a court will look unfavourably on a consumer who rushed past it. “Reasonable” opportunity is not statutorily fixed. For a residential rooftop solar system the typical practical window is two to four weeks for a diagnostic-and-repair visit, longer where components have to be ordered or a whole inverter or panel array must be replaced.

A cure that does not work — the same fault recurs, or a substitute system under-performs against the original specification — clears the path to rescission and refund. Document every failed attempt so the cure window is closed on the record: technician visit notes, work-order numbers, dates of follow-up calls, and copies of any internal reports the supplier releases.

Step 5 — Escalate to the National Consumer Commission

Once a reasonable cure period has lapsed without resolution, the consumer may lodge a complaint with the National Consumer Commission. The Commission’s preferred route is the e-Service portal at eservice.thencc.org.za, with the complaints mailbox available at [email protected] and the contact centre on 012 065 1940. The regulator can investigate, refer the matter to alternative-dispute-resolution, and issue compliance notices under the CPA.

Where the dispute turns on a sector code or ombud scheme the supplier subscribes to, lodging with that body may be a faster first stop, but the NCC route remains available in parallel. Keep copies of every submission and response — the NCC file becomes the evidence base if the matter moves into court.

Step 6 — Litigation When Negotiation and the NCC Route Fail

If the demand and the NCC route both fail, the consumer moves to litigation. The choice of forum depends on the value and complexity of the claim.

Forum	When used	Typical pleading
Magistrate’s Court (district where the consumer resides, or where the contract was performed — typically the installation site)	Claims within the Magistrate’s Court jurisdictional ceiling — R200,000 in most matters under the Magistrates’ Courts Act 32 of 1944 as currently amended (confirm the current threshold at the time of issue)	Declaratory order of rescission, restitution of the purchase price, incidental damages, and costs of suit
Provincial High Court (the division with jurisdiction over the consumer’s place of residence — most often the Gauteng Local Division, the Western Cape Division, or the KwaZulu-Natal Local Division)	Claims exceeding the Magistrate’s Court ceiling, or matters that are more complex (consequential damages plus interest, third-party proceedings against a manufacturer)	Combined summons and declaration in the same form, plus interest a tempore morae and any third-party claims against the manufacturer or installer where the fault is rooted in a defective component

Interim steps include a properly framed letter of demand already on the court file before summons, possible settlement offers under Uniform Rule 34 if the defendant makes one, and (in appropriate cases) third-party proceedings against the manufacturer or installer where the fault is rooted in a defective component. For Gauteng-based consumers the Linden head office at 49 First Avenue, Randburg (011 888 0246) handles intake, with the Roodepoort branch running the file where litigation is needed.

Comparison of Remedies — Choose the Right One

Ground	Source	Remedy available	Window
Defect in goods within 6 months of delivery	Consumer Protection Act s 55–56	Repair, replace, or refund, plus damages	Within 6 months of delivery — automatic implied warranty
Misrepresentation at the point of sale	Common-law dolus	Rescission + damages	Long-stop is generally three years from contract (longer where fraud alleged)
Breach of contract going to the root	Common-law breach	Cancellation + damages	Three-year general prescription under the Prescription Act 68 of 1969
Cooling-off after direct marketing	Consumer Protection Act s 16, read with s 20	Cancellation within 5 business days	Strict, short window — 5 business days from the later of order or delivery
Supplier did not deliver, or did not deliver as agreed	Common-law repudiation / breach	Cancellation + damages	Three-year general prescription

Common Practical Obstacles

Four obstacles turn up repeatedly in practice:

• The cure drags on. The supplier’s offer to repair or replace stretches for weeks, then months. Keep a written timeline and force the issue with a fixed deadline once cure is clearly not working.
• The system changed hands. The system was resold or transferred to a third party — for instance via a property purchase that included the solar installation. CPA-style warranties generally follow the goods, but the new owner should still verify registration with the installer and refresh the file with the manufacturer.
• An arbitration clause bites. The contract refers disputes to arbitration. The Arbitration Act 42 of 1965 applies, and the consumer may need to follow that route before any court action. An arbitration clause does not prevent a criminal or regulatory complaint, and it does not strip the National Consumer Commission of its CPA jurisdiction.
• The supplier has ceased trading. Where the supplier is in business rescue or sequestration, claims must be lodged with the business-rescue practitioner or the trustee of the estate, and timing is critical. The manufacturer’s product-liability obligations, and any third-party warranty underwritten by an insurer or industry body, should be pursued in parallel before any funds are distributed.

Choosing the Right Forum

South Africa’s residential solar market spans every province and every kind of supplier — national installation chains, regional specialists, direct-import online sellers, and subscription models such as the ones that have featured in recent news coverage of consumer disputes — so the rescission steps above apply nationwide rather than to a particular province or magistrate’s district. The Consumer Protection Act 68 of 2008 and the common-law remedies are uniformly available across the country; what does vary by location is where a contested matter is eventually heard.

For claims within the Magistrate’s Court jurisdictional ceiling, the consumer generally sues in the Magistrate’s Court for the district in which the consumer resides or the contract was performed — typically the installation site. For larger or more complex matters the action is filed in the relevant provincial High Court, most often the Gauteng Local Division (sitting in Johannesburg), the Western Cape Division (Cape Town), the KwaZulu-Natal Local Division (Durban), or another division with jurisdiction over the consumer’s place of residence.

Burger Huyser Attorneys handles contractual rescissions and consumer-dispute matters through its Commercial Law / Contracts practice, and the General & Commercial Litigation practice takes over where the matter escalates to a summons. The Linden head office (49 First Avenue, Randburg, 011 888 0246) is the practical intake point, with branches across Gauteng and correspondent coordination nationally for matters that file outside the province.

Frequently Asked Questions

How long does it take to rescind a faulty solar system purchase?

If the supplier cures immediately or refunds promptly on receipt of a written demand, the matter can be resolved within four to eight weeks. If it escalates to the National Consumer Commission or to court, expect three to six months for a contested matter to reach a hearing, with the section 56 six-month implied-warranty window being the most important anchor for the early stage and the actio mora being the practical lever to force the supplier’s hand.

Can I claim back the cost of alternative power while the dispute runs?

Yes. Consequential damages such as generator-hire fees, increased electricity costs from the grid, and the value of solar production lost during the dispute can be claimed as part of the same action, but they must be properly particularised in the pleadings or in the consumer complaint, so keep dated records of every cost incurred throughout the dispute.

Does the cooling-off period under the CPA apply after installation?

The CPA cooling-off right in section 16, read with the direct-marketing framework in section 20, runs for five business days from the later of the order or delivery, and it only applies to transactions concluded as a result of direct marketing — direct approach, telephonic, or electronic solicitation. Waiver of the cooling-off right is generally unenforceable, but the right must be exercised within the strict five-business-day window.

What if the supplier is no longer trading?

Where the supplier has ceased trading, claims may have to be lodged against the business’s estate in business rescue or sequestration, and timing against the administrator or trustee is critical. The manufacturer’s product-liability obligations and any third-party warranty underwritten by an insurer, an industry body, or a solar-industry scheme should be pursued in parallel before any funds are distributed.

Can I cancel the contract even though I have used the system?

Yes. Rescission restores the parties to their pre-contract position, and the consumer will typically be required to return the system in normal working order (or to compensate the supplier for fair wear and tear). Short-term use of the system to confirm the defect does not by itself defeat a rescission claim, particularly where the supplier’s own technician has logged the fault during the diagnostic visits that constitute the cure window.

If you have already served a demand on the supplier or are weighing whether the Consumer Protection Act or the common-law remedies give you the stronger route to rescission and refund, Burger Huyser Attorneys’ Commercial Law / Contracts team can review the contract, draft a formal demand, and where necessary run the matter through the National Consumer Commission or the Magistrate’s Court on your behalf. The firm handles these matters through its general litigation practice where they escalate to a court process. The Linden head office (011 888 0246) handles initial intake, with branches available across Gauteng; the firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”). Make an appointment before the six-month implied-warranty window under section 56 closes.