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South Africa: Product Recall Law

(Jan. 28, 2009) It was reported on January 22, 2009, that a consumer protection bill, which seeks to impose strict liability on suppliers of goods for any damage caused by goods that they distribute, is under consideration by the South African Parliament. Under this bill, claimants are only expected to prove a causal link between the harm and the defective product. There is no requirement that a plaintiff prove negligence on the part of the supplier. If this bill is passed into law, although it will afford victims of defective products more legal protection, it is expected to drive up insurance premiums and production costs for manufacturers and distributors. (Sanchia Temkin, Warning Over Product-Recall Law, BUSINESSDAY, Jan. 22, 2009, available at