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Fixed-term consumer contracts and the 24-month rule

Section 14 and regulation 5: the maximum term, the 20-business-day cancellation right, the pre-expiry notice and the automatic month-to-month roll-over.

Published Last reviewed 9 min read

Written by

Martin Kotze

Attorney, Conveyancer & Notary Public

Last reviewed:

Quick answer

Who the fixed-term rules protect

Subscriptions, service plans, gym memberships and other fixed-term consumer agreements carry special rules under section 14 — but only for individual consumers. The section opens by excluding business-to-business contracts entirely.

Source — the actual words

“This section does not apply to transactions between juristic persons regardless of their annual turnover or asset value.”

Consumer Protection Act 68 of 2008, s 14(1)Read it on Law LibraryPDF

So a fixed-term supply contract between two companies is governed by ordinary contract law; a fixed-term contract aimed at members of the public must build in the protections below.

There is a second gate: section 14 only bites if the CPA applies to the agreement at all — the supplier must be acting in the ordinary course of business. The Supreme Court of Appeal made the point in 2025, when a tenant tried to use section 14’s termination protections against owners who had let out their own family home while emigrating.

Verbatim extract — para [29]

Els v Venter and Another

“It follows that the appellant’s reliance on s 14(2)(b)(ii) of the Act is misplaced. In any event, the second lease is not a fixed-term agreement as envisaged in the Act… The tenure of the second lease is 36 months, which is destructive of the appellant’s reliance on s 14(2)(b) of the Act. Aside from this, the second lease is not a ‘consumer agreement’ as defined in the Act.”

Note — The lessors were private individuals letting their home once, pending its sale — not a letting business — so the Act did not apply and the tenant could not resist a contractual three-month termination notice with section 14. The Court added a second, independent point: at 36 months the lease exceeded the 24-month maximum in regulation 5(1), so it was not a fixed-term consumer agreement as envisaged in the Act in any event.

Els v Venter and Another (449/2024) [2025] ZASCA 163; 2026 (3) SA 366 (SCA)Read it on SAFLII

The 24-month maximum (regulation 5)

Section 14(2)(a) says a fixed term must not exceed the maximum prescribed by the Minister, and section 14(4)(a) empowers that prescription. Regulation 5 sets the figure at 24 months.

Source — the actual words

“For purposes of section 14(4)(a) of the Act, the maximum period of a fixed-term consumer agreement is 24 months from the date of signature by the consumer— (a) unless such longer period is expressly agreed with the consumer and the supplier can show a demonstrable financial benefit to the consumer; (b) unless differently provided for by regulation in respect of a specific type of agreement, type of consumer, sector or industry; or (c) as provided for in an industry code contemplated in section 82 of the Act…”

Consumer Protection Act Regulations, 2011 (GN R293, GG 34180, 1 April 2011), reg 5(1)Read it on gov.zaPDF

A longer lock-in is only valid if the consumer expressly agrees and the supplier can show a real, demonstrable financial benefit to the consumer for the extension — not merely a benefit to the supplier.

Cancelling early — 20 business days

The defining feature of the regime is that the consumer can always walk away. Despite anything to the contrary in the agreement, the consumer may cancel at expiry without penalty, or at any other time on 20 business days’ notice.

Source — the actual words

“despite any provision of the consumer agreement to the contrary— (i) the consumer may cancel that agreement— (aa) upon the expiry of its fixed term, without penalty or charge, but subject to subsection (3)(a); or (bb) at any other time, by giving the supplier 20 business days’ notice in writing or other recorded manner and form, subject to subsection (3)(a) and (b)…”

Consumer Protection Act 68 of 2008, s 14(2)(b)Read it on Law LibraryPDF

A “no cancellation” clause cannot defeat this right. The supplier’s own right to cancel is narrower — it arises only on 20 business days’ notice of a material, unremedied breach by the consumer.

The pre-expiry notice and the roll-over

Auto-renewal onto a fresh fixed term is exactly what section 14 prevents. The supplier must first send a pre-expiry notice in a defined window, and the default outcome on expiry is a month-to-month continuation.

Source — the actual words

“(c) of not more than 80, nor less than 40, business days before the expiry date of the fixed term… the supplier must notify the consumer in writing… of the impending expiry date, including a notice of— (i) any material changes…; and (ii) the options available to the consumer…; and (d) on the expiry of the fixed term… it will be automatically continued on a month-to-month basis… unless the consumer expressly— (i) directs the supplier to terminate the agreement on the expiry date; or (ii) agrees to a renewal of the agreement for a further fixed term.”

Consumer Protection Act 68 of 2008, s 14(2)(c)–(d)Read it on Law LibraryPDF

So an “automatically renews for another year unless cancelled” clause will not hold against an individual consumer. If nothing is done, the contract simply continues month-to-month, which the consumer can then end on the ordinary notice.

Reasonable cancellation penalties

Early cancellation is not necessarily free. On cancellation the consumer remains liable for amounts owed up to that date, and section 14(3) lets the supplier impose a reasonable cancellation penalty for goods, services or discounts granted in contemplation of the full term.

Source — the actual words

“Upon cancellation of a consumer agreement… (a) the consumer remains liable to the supplier for any amounts owed to the supplier in terms of that agreement up to the date of cancellation; and (b) the supplier— (i) may impose a reasonable cancellation penalty with respect to any goods supplied, services provided, or discounts granted, to the consumer in contemplation of the agreement enduring for its intended fixed term, if any…”

Consumer Protection Act 68 of 2008, s 14(3)Read it on Law LibraryPDF

Regulation 5(2) lists the factors that make a charge “reasonable” (amounts still owed, the value of goods kept or returned, the original duration, and losses or benefits to the consumer). But there is an outer limit: the penalty may not be so large that it cancels the right to cancel.

Source — the actual words

“Notwithstanding subregulation (2) above, the supplier may not charge a charge which would have the effect of negating the consumer’s right to cancel a fixed term consumer agreement as afforded to the consumer by the Act.”

Consumer Protection Act Regulations, 2011 (GN R293, GG 34180, 1 April 2011), reg 5(3)Read it on gov.zaPDF

For change-of-mind on a once-off booking or order rather than a fixed-term subscription, the separate cancellation regime in section 17 applies — see cooling-off and cancellation.

Frequently asked questions

What is the maximum length of a fixed-term consumer contract in South Africa?

Regulation 5(1) of the CPA Regulations sets the maximum period of a fixed-term consumer agreement at 24 months from the date of signature by the consumer, unless the consumer expressly agrees to a longer period and the supplier can show a demonstrable financial benefit to the consumer, or a different maximum is set for a particular sector. These rules apply to individual consumers, not to contracts between two businesses.

Can a consumer cancel a fixed-term contract early?

Yes. Under section 14(2)(b)(i)(bb) an individual consumer may cancel a fixed-term agreement at any time by giving 20 business days’ written notice. The supplier may impose a reasonable cancellation penalty for goods, services or discounts provided in contemplation of the full term, but regulation 5(3) says the charge may not negate the consumer’s right to cancel.

Do fixed-term CPA rules apply to business-to-business contracts?

No. Section 14(1) states that section 14 does not apply to transactions between juristic persons regardless of their annual turnover or asset value. The 24-month cap, the 20-business-day cancellation right and the pre-expiry notice protect individual consumers, not company-to-company agreements.

Do the CPA fixed-term rules apply to a private residential lease?

Usually not. In Els v Venter [2025] ZASCA 163 the Supreme Court of Appeal held that a tenant could not invoke section 14 against owners who let out their own family home once while emigrating: the letting was not in the ordinary course of any business, so the CPA did not apply at all. The Court added that the 36-month lease exceeded the 24-month maximum in regulation 5(1), so it was in any event not a fixed-term consumer agreement as envisaged in the Act. Section 14 does protect tenants of landlords who let property in the ordinary course of business, such as a letting enterprise with rental housing stock.

What happens when a fixed-term contract reaches its expiry date?

Under section 14(2)(c) the supplier must, between 80 and 40 business days before expiry, notify the consumer in writing of the impending expiry, any material changes and the consumer’s options. If the consumer does nothing, section 14(2)(d) provides that the agreement continues automatically on a month-to-month basis — not for a new fixed term — unless the consumer directs termination or agrees to a renewal.

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Why you can trust this: Martin Kotze has been an admitted Attorney of the High Court of South Africa, registered Conveyancer, and Notary Public since 2014, practising from Pretoria. The firm is regulated by the Legal Practice Council under firm registration 17444.

This guide is general information, not legal advice for your specific matter.

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