Legal problem

A consumer purchases a motor vehicle from a supplier (not another individual) and defects subsequently arise. For example, it:

• has an imperfection, like a paint discrepancy;
• has a characteristic that makes it less useful, practical or safe, such as a steering wheel concern which makes it sway on the roads when driving;
• does not perform as intended, for instance the brakes do not engage when the driver steps on them; or
• presents a significant risk of personal injury or damage to property during its use, for example there may be a car accident or a pedestrian may be injured.

In these circumstances, no harm arises to a consumer, but the motor vehicle lacks the necessary quality and safety standards. The Consumer Protection Act 68 of 2008 (“CPA”) will apply.

Sections of the CPA

• Section 55(2): requires that goods must be suitable for their purpose; be of good quality, in working order, and free of defects; and be useable and durable.
• Section 56(2): says that a consumer has six months from the date of delivery of the motor vehicle to return the goods to the supplier without cost or penalty, and the consumer can elect to have it repaired, replaced, or refunded.
• Section 56(3): if a consumer requests a repair, or the six-month period has lapsed and the motor vehicle gets a repair, and the issue persists then a consumer (within three months from the date of repair) can request a refund or replacement of the motor vehicle.
• These sections apply in addition to warranties on the motor vehicle.

Next Steps and Possible Sanctions – which we can assist you with

• Contact the supplier to negotiate a remedy per the CPA.
• Issue a complaint to MIOSA (Motor Industry Ombudsman of South Africa) – www.miosa.co.za.
• Contact the Provincial Consumer Affairs Offices, per province.
• Approach the Gauteng Consumer Court.
• Refer the matter to the National Consumer Commission – thencc.gov.za.
• Approach a Small Claims Court for matters below R20 000.
• Proceed with litigation should the matter not be resolved – you must have an attorney for this step.

Dr Sarah-Lynn Tennant has authored this textbook. To place your order, email info@bmalaw.co.za using the subject line “Consumer Law Compliance Book”.

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