South Africa Case Law

Mafadza v Bidvest McCarthy Volkswagen Arcadia (Pty) Ltd (NCT/122593/2018/75(1)(B))

Mafadza v Bidvest McCarthy Volkswagen Arcadia (Pty) Ltd (NCT/122593/2018/75(1)(B)) [2019] ZANCT 45 (10 March 2019)

Court

National Consumer Tribunal

Case number

NCT/122593/2018/75(1)(B)

Judge

Bonke Dumisa

The Tribunal found that the applicant's complaint is of substantial importance to her, as evidenced by her persistent efforts to resolve the issue through multiple channels. The applicant reported the defect within the warranty period and provided reasonable explanations for any delay. The respondent's refusal to provide the technician's report and lack of cooperation with MIOSA were contrary to the spirit of the Consumer Protection Act. The Tribunal held that the applicant has satisfied the requirements for leave to refer the matter, as her complaint falls within the ambit of the CPA and the…

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• Consumer Protection Act
• Leave To Refer
• Warranty Claims
• Dealer Liability

South African Broadcasting Corporation Soc Limited v Massstores (Pty) Ltd (914/2015)

South African Broadcasting Corporation Soc Limited v Massstores (Pty) Ltd (914/2015) [2016] ZASCA 174 (25 November 2016)

Court

Supreme Court of Appeal

Case number

914/2015

Judges

Lewis, Wallis, Zondi, Schoeman, Schippers

The court held that “sell” in section 27(4) of the Broadcasting Act requires completion by delivery, so Masstores was not liable for penalties.

• Broadcasting Act Interpretation
• Dealer Liability
• Penalty Provisions
• Sale And Delivery
• Condonation
• Special Leave To Appeal

Motor Finance Corporation (Pty) Limited v Xavier Motors CC t/a xavier Motors and Another (34095/2008)

Motor Finance Corporation (Pty) Limited v Xavier Motors CC t/a xavier Motors and Another (34095/2008) [2016] ZAGPJHC 131 (12 May 2016)

Court

South Gauteng High Court, Johannesburg

Case number

34095/2008

Judge

Cassim

The court found that Xavier Motors breached its contractual obligations under the Master Discount Agreement by delivering vehicles to persons other than the purported purchasers and failing to exercise reasonable care in verifying customer identity and credit information. The evidence established that delivery was made to fraudsters, not the actual customers, and that Xavier Motors failed to detect material irregularities in the documentation. The dealership's lack of adequate record-keeping and failure to comply with contractual verification requirements constituted negligence. Consequently,…

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• Contractual Warranties
• Fraudulent Misrepresentation
• Dealer Liability
• Credit Information Verification
• Specific Performance

Masstores (Proprietary) Limited v South African Broadcasting Corporation Limited (A5071/2014, 3294/2012)

Masstores (Proprietary) Limited v South African Broadcasting Corporation Limited (A5071/2014, 3294/2012) [2015] ZAGPJHC 192 (31 August 2015)

Court

South Gauteng High Court, Johannesburg

Case number

A5071/2014, 3294/2012

Judges

Meyer, Victor, Wepener

The High Court held that “sells” in section 27(4) of the Broadcasting Act refers to delivery of the television set, not merely a concluded contract.

• Contract Of Sale
• Statutory Interpretation
• Broadcasting Act
• Dealer Liability
• Penalty Provisions
• Statutory-interpretation