South Africa’s Competition Commission has issued a formal warning to manufacturers of smartphones, home appliances, and consumer electronics, cautioning that restricting independent repairers could violate the Competition Act. The directive is detailed in the commission’s newly finalized Guidelines on Repair, Service and Maintenance Aftermarkets.
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The guidelines encompass a broad spectrum of consumer technology, including mobile phones, tablets, gaming consoles, televisions, household appliances, medical devices, and backup power and water systems. Motor vehicles are excluded, as they remain governed by dedicated automotive aftermarket guidelines introduced in 2021.
A primary target of the guidelines is the practice of “parts pairing,” wherein software locks replacement components to a device’s specific serial number. The commission explicitly noted that software preventing replacement parts from functioning without manufacturer activation, as well as warning messages displayed following independent repairs, will be treated as indirect restrictions on spare parts access. Such practices will be prioritized for investigation and enforcement.
The commission outlined exceptions for components tied directly to device security or safety, such as anti-theft mechanisms, authentication systems, and battery management. However, manufacturers must apply these security controls on objective, non-discriminatory terms and grant accredited independent repairers access on conditions no less favourable than those offered to authorized service networks.
While the guidelines are non-binding and do not establish statutory obligations beyond the Competition Act, they carry significant regulatory weight. Under South African law, the Competition Tribunal is required to consider whether alleged anti-competitive conduct mirrors practices outlined in official guidelines when assessing penalties. Enforcement will focus primarily on out-of-warranty repairs funded directly by consumers, evaluating complaints on a case-by-case basis against justifications like intellectual property protection and user safety.
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The release establishes South Africa’s first formal framework addressing right-to-repair in consumer electronics. In contrast to the European Union, which implemented binding statutory rules requiring manufacturers to supply key spare parts for seven years and facilitate parts-pairing activations, South Africa’s approach relies on case-by-case competition enforcement. However, South Africa’s framework features a broader product scope, extending to medical hardware and backup energy systems.
The Competition Commission has urged independent repairers to report manufacturers that engage in restrictive practices or frustrate third-party servicing efforts.
