Skip to main content
CourseKiln

Mis-sold a course or coaching in South Africa? How to get your money back

By CourseKiln Editorial·Published ·3 min read

In South Africa your strongest lever, if the seller came to you, is the five-business-day cooling-off right under Section 16 of the Consumer Protection Act. It applies when you bought as a result of direct marketing, a call, an email, an SMS or an online approach you did not seek out, and it is absolute. You need no reason, no penalty can be charged, and crucially the seller cannot defeat it by claiming the work has already started. Put your cancellation in writing, and the seller must refund within fifteen business days where nothing was delivered.

The seven-day online right. Separately, the Electronic Communications and Transactions Act gives a seven-day cooling-off right on purchases made over the internet, with a refund due within thirty days. Where both rights apply, use both.

Card chargeback. A chargeback is open on credit and debit cards run through the card schemes, but not on EFT or internet-banking transfers, which is a strong reason to pay coaching by card. Time limits are tight, so contact your bank at once. If the bank will not help, escalate to the Ombudsman for Banking Services at obssa.co.za.

Beyond cooling-off. Under Sections 55 to 61 of the Consumer Protection Act, a service must be fit for purpose and of good quality, and you have six months from delivery to demand a repair, replacement or refund if it falls materially short. Complaints must be lodged within three years.

One thing to know up front. If you bought as a company, the Consumer Protection Act only protects you when your business has asset value or annual turnover below two million rand. Below that, and for every individual and sole trader, you are covered.

Where to complain. The National Consumer Commission at thencc.org.za or 012 065 1940 handles breaches of the Act. The Consumer Goods and Services Ombud offers free dispute resolution at cgso.org.za. For a bank refusing a chargeback, the Ombudsman for Banking Services. Small Claims Court handles up to twenty thousand rand.

A letter to start the claim. If the seller marketed to you directly and you are inside the five business days, send this.

Dear [seller],

On [date] I bought [the course or coaching] for [amount] after you marketed it to me directly. I am exercising my right to cancel under Section 16 of the Consumer Protection Act, within the five business days the Act allows, and this right applies whether or not the course has begun. Please cancel the agreement and refund [amount] in full within fifteen business days. I am keeping a record and will refer the matter to the National Consumer Commission if it is not resolved.

[Your name]

A version to ask a seller for proof before you ever pay is on letters you can send.

Then check the next seller before you pay: proof you did not make yourself.

Common questions

The South African seller says the work has started, so no refund. Is that right?

If you bought as a result of direct marketing you did not seek out, the five-business-day cooling-off right under Section 16 of the Consumer Protection Act is absolute, and the seller cannot defeat it by claiming the work has already started. Put the cancellation in writing, and where nothing was delivered the refund is due within fifteen business days.

I paid by EFT. Can I still reverse it?

A chargeback runs on credit and debit cards through the card schemes, but not on EFT or internet-banking transfers, which is why paying coaching by card matters. You may still have cancellation and quality rights under the Consumer Protection Act regardless of how you paid, so put your claim in writing and escalate to the National Consumer Commission if needed.

Sources