@allanb
The following applies to prepaid off-the-shelf product purchases:
The product must perform at it's stated & marketed specs... which of course they do, as they meet EU Standards & Performance Specs - For example take the Huawei E1752 - it carries a EU " CE0682 " Certificate, (which you can download), which means that before it is sold, the Huawei E1752 must be tested & meet all of the stated performance requirements.
Now if Cell C's Network does not meet the Service Level that they advertise, and have promised & committed themselves to, this is not the fault of the Huawei Product, which is now your property and belongs to you, not Cell C.
The onus is on Cell C to prove that the Network Performs Reliably & Consistently, 99% of the time. A Failure of the Network must have real, factual & verifiable grounds & must be clearly communicated to all clients affected. Also, Cell C must provide Specific Locations, Dates, Times, & Truthful & Honest Reasons for why they experienced a System Failure, and if it has been fully resolved and attended to. - All Clients may request Cell C to provide this information.
Cell C sold the product for the purpose of providing a service to you, which for most Cell C Clients does not perform at the stated level of service. - So Cell C has failed the consumer/client. - Therefore they are liable for the full cost of the product from the 1st of April 2011. - However, the liability claim against Cell C for the months of data usage prior to 1st April 2011, would need to be confirmed by a regulatory body / Consumer Rights Lawyer. - But I'm fairly certain that common law carries some protection of this, as it falls under "Failure to Deliver by Service Provider". - I don't work in retail, so if you know someone who has experience in Retail / Consumer Liability Law, you can look and see how "Failure to Deliver by Service Provider" is handled
For those who have Data Products under signed contract, "Failure to Deliver by Service Provider", can also apply. It's just the Signed Contract and SOME (not all) of it's Terms & Conditions that the Consumer Protection Act 68 of 2008 does not cover.