National Consumer Commission v Bryanston Executive Cars CC (NCT/303398/2023/73(2)(b)) [2024] ZANCT 26 (28 June 2024)

National Consumer Commission v Bryanston Executive Cars CC (NCT/303398/2023/73(2)(b)) [2024] ZANCT 26 (28 June 2024)

The Tribunal found that the respondent contravened section 56(2) read with section 55(2)(c) of the Consumer Protection Act by supplying a vehicle that was not usable or durable for a reasonable period, as evidenced by its breakdown within six months of purchase. The respondent's reliance on contractual exclusion of liability was rejected, as section 55(6) does not exclude the right to durability and usability, and the inspection documents did not specify the defects experienced. The Tribunal held that the respondent's conduct also contravened section 51(1)(b)(i) and (ii) by purporting to waive the consumer's rights and avoid its obligations under the CPA. The respondent's technical...

Citation
[2024] ZANCT 26
Parties
Applicant: National Consumer Commission; Respondent: Bryanston Executive Cars CC
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
28 June 2024
Case Number
NCT/303398/2023/73(2)(b)
Procedural Posture
Review Application / Judgment After Hearing
Outcome
Application granted. Respondent found to have contravened the CPA and ordered to repair or replace the engine and pay an administrative fine.
Judges
S Hockey, A Potwana, S Mbhele
Legal Topics
Consumer Protection Act, Implied Warranty of Quality, Prohibited Conduct, Administrative Fine, Contractual Exclusion of Liability
Commercial and Corporate Civil Procedure Consumer Protection Act Implied Warranty of Quality Prohibited Conduct Administrative Fine Contractual Exclusion of Liability

Case Brief

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Parties

National Consumer Commission

Applicant

Bryanston Executive Cars CC

Respondent

Procedural Posture

Review Application / Judgment After Hearing

Legal Issues

  1. 1 Whether the respondent contravened sections 56(2) read with 55(2)(c) and 51(1)(b)(i) and (ii) of the Consumer Protection Act.
  2. 2 Whether the respondent can rely on contractual exclusion of liability for defects in a used vehicle under section 55(6).
  3. 3 Whether the respondent is liable to repair or replace the defective engine under the CPA.

Ratio Decidendi

The Tribunal found that the respondent contravened section 56(2) read with section 55(2)(c) of the Consumer Protection Act by supplying a vehicle that was not usable or durable for a reasonable period, as evidenced by its breakdown within six months of purchase. The respondent's reliance on contractual exclusion of liability was rejected, as section 55(6) does not exclude the right to durability and usability, and the inspection documents did not specify the defects experienced. The Tribunal held that the respondent's conduct also contravened section 51(1)(b)(i) and (ii) by purporting to waive the consumer's rights and avoid its obligations under the CPA. The respondent's technical...

Court Disposition

Application granted. Respondent found to have contravened the CPA and ordered to repair or replace the engine and pay an administrative fine.

Orders

  • It is declared that the respondent contravened section 56(2) read with section 55(2)(c) and section 51(1)(b)(i) and (ii) of the Consumer Protection Act.
  • The contraventions are declared prohibited conduct.