Facing an Expiry Date?

May 2024

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Dave Mc Naught

In life we are faced with many EXPIRY DATES - coupons, foods, passports, drivers' licences, legal rights etc. But what are the effects?

Generally

Documents, including legal documents, are generally valid up to and including the date of expiry, but not the following date ie they haven't already expired on the expiry date.

∆ Sec 63/4 Consumer Protection Act

Coupons or vouchers

Coupons are valid up to and including their date of expiry. In addition, in terms of the Consumer Protection Act (SA), coupons (Section 63: prepaid certificates, credits, vouchers) cannot expire before 3 years from date of issue, and if the certificate, credit or voucher was purchased it NEVER expires until it has been exchanged for the goods or services for which it was purchased.. even if an expiry date was printed on the voucher or coupon.

In terms of Section 64, if a business closes, for which a pre-paid service has been paid, notice of intention to close should be given to the Consumer and within 5 days of the closure the Consumer should be repaid the excess pre-payment made.

Food or medicines

Food and medicines generally have a "best before" or "expiry" date. These are slightly different. A best before date does not mean expiry, but it's a quality indication that the premium quality or freshness of the product would be better or best before the date printed. They could be eaten after that date, but the quality would not be best. An expiry date on medicines however means that they should not be taken after the expiry date.

Drivers' Licences

Whilst a Driver's Licence card may display an expiry date, it does not mean that your licence to drive a vehicle expires on that date, it means that the card evidencing your licence should be renewed before then. This has also created huge administrative problems in South Africa renewing cards, and there are moves to abandon the expiry date printed on cards.

Passports

Another common expiry date is one printed on passports. Again it does not mean that the passport is invalid on the date of expiry, but is invalid on the day following the expiry date. However in practice most countries will not let you enter with an expiring passport as they do not want you stranded inside their country with an expired passport. Time limits vary from country to country, but some won't let you travel to them unless your passport is still valid for a period of up to 6 months from the date you intend to leave their country. This allows sufficient gap to still carry a valid passport beyond any period you may be sick or injured after an accident while touring the country. Check the latest regulations for the country you intend to visit in case you need to renew your passport before booking your flights.