South Africa Case Law

Khumalo v RZT Zelpy 4300 (Pty) Ltd t/a Automax George and Another (NCT-328494-2024-75(1)(b))

Khumalo v RZT Zelpy 4300 (Pty) Ltd t/a Automax George and Another (NCT-328494-2024-75(1)(b)) [2025] ZANCT 34 (18 June 2025)

Court

National Consumer Tribunal

Case number

NCT-328494-2024-75(1)(b)

Judges

MC Peenze, A Potwana, CJ Ntsoane

The Tribunal found that the vehicle was sold with tyres that were significantly aged and defective, as confirmed by an expert report. The suppliers failed to disclose the tyres' condition, and reliance solely on a roadworthiness certificate was inadequate for CPA compliance. The defective tyre rendered the vehicle unsafe and unsuitable for its intended purpose, infringing the applicant's right to safe, good quality goods under section 55(2) of the CPA. The Tribunal held that a defective tyre is a serious defect, making the entire vehicle defective. However, the Tribunal interpreted section 56…

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• Consumer Protection Act
• Implied Warranty Of Quality
• Prohibited Conduct
• Defective Goods
• Refund Entitlement

Richards v Ellite Body Pannels (Pty) Ltd t/a Midrand Motorcycles and Another (NCT-360566-2024-75(1)(b))

Richards v Ellite Body Pannels (Pty) Ltd t/a Midrand Motorcycles and Another (NCT-360566-2024-75(1)(b)) [2025] ZANCT 35 (2 June 2025)

Court

National Consumer Tribunal

Case number

NCT-360566-2024-75(1)(b)

Judges

MC Peenze, C Sassman, CJ Ntsoane

The Tribunal found that the motorcycle was defective and unsafe at the time of sale, specifically due to a faulty starter and subsequent gearbox issues. The first respondent failed to disclose these defects and attempted to contract out of statutory liability through 'as is' and 'voetstoots' clauses, which are unlawful under the CPA. The respondent's refusal to refund the purchase price unconditionally and unauthorized repairs further contravened the applicant's rights. The Tribunal held that the applicant was entitled to a refund of the purchase price, and the respondent's conduct constitute…

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• Consumer Protection Act
• Implied Warranty Of Quality
• Voetstoots Clause
• Prohibited Conduct
• Refund Of Purchase Price

Walser Wine Projects (Pty) Ltd v Wine Machinery Group (Pty) Ltd (18693/2020)

Walser Wine Projects (Pty) Ltd v Wine Machinery Group (Pty) Ltd (18693/2020) [2024] ZAWCHC 439 (6 December 2024)

Court

Western Cape High Court, Cape Town

Case number

18693/2020

Judge

A Kantor

The court found that the plaintiff failed to prove on a balance of probabilities that the wine filler was defective due to improper pickling and passivation, or that iron or rust from the filler caused the oxidation and spoilage of the wines. Expert evidence established that iron acts only as a catalyst and does not cause oxidation unless oxygen is present, and the levels of iron detected in the wines were below internationally accepted limits. The plaintiff did not demonstrate that the rust observed was attributable to a manufacturing defect, nor did it establish the necessary causal link be…

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• Latent Defect
• Implied Warranty Of Quality
• Consequential Damages
• Causation
• Contractual Damages

Quinn v Westvaal Motor Holdings (Pty) Ltd t/a Westvaal Welkom and Another (NCT/339722/2024/75/75(1)(b))

Quinn v Westvaal Motor Holdings (Pty) Ltd t/a Westvaal Welkom and Another (NCT/339722/2024/75/75(1)(b)) [2024] ZANCT 67 (4 December 2024)

Court

National Consumer Tribunal

Case number

NCT/339722/2024/75/75(1)(b)

Judges

C Sassman, S Mbhele, M Peenze

The Tribunal found the vehicle sold to the consumer was defective, declared a contravention of the CPA, and ordered a refund rather than replacement.

• Consumer Protection Act
• Implied Warranty Of Quality
• Prohibited Conduct
• Specific Performance
• Refund Of Purchase Price
• Consumer-protection-act

Platinum Wheels (Pty) Ltd v National Consumer Commission and Another (612/2023)

Platinum Wheels (Pty) Ltd v National Consumer Commission and Another (612/2023) [2024] ZASCA 163; 2025 (3) SA 459 (SCA) (29 November 2024)

Court

Supreme Court of Appeal

Case number

612/2023

Judges

Zondi, Nicholls, Mothle, Baartman, Naidoo

The Supreme Court of Appeal held that a struck-off attorney’s appearance in the High Court was a serious fraud on the administration of justice, and remitted the consumer matter for rehearing.

• Consumer Protection Act
• Right Of Appearance
• Fraud In Court Proceedings
• Remittal Of Matter
• Administrative Fine
• Implied Warranty Of Quality

Mbonani v Cars for Africa (Pty) Ltd (NCT/303321/2023/75(1)(b))

Mbonani v Cars for Africa (Pty) Ltd (NCT/303321/2023/75(1)(b)) [2024] ZANCT 63 (25 November 2024)

Court

National Consumer Tribunal

Case number

NCT/303321/2023/75(1)(b)

Judges

M Peenze, A Potwana, S Mbhele

The Tribunal found that the applicant failed to provide evidence of a purchase agreement with the respondent supplier and relied solely on the instalment agreement with Standard Bank. The respondent sold the vehicle to Standard Bank, not directly to the applicant, and Standard Bank retained ownership as security for the debt. The Tribunal held that the instalment agreement is excluded from the CPA by section 5(2)(d), and the rights and obligations arising from it are regulated by the National Credit Act. As no consumer agreement existed between the applicant and the respondent, the Tribunal l…

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• Consumer Protection Act
• Implied Warranty Of Quality
• Credit Agreements
• Jurisdiction Of Tribunal
• Joinder Of Parties

Mbadla v Meyers Motors (Pty) Ltd (NCT-291844-2023-75(1)(b))

Mbadla v Meyers Motors (Pty) Ltd (NCT-291844-2023-75(1)(b)) [2024] ZANCT 62 (20 October 2024)

Court

National Consumer Tribunal

Case number

NCT-291844-2023-75(1)(b)

Judges

M Peenze, N Maseti, P Manzi-Ntshingila

The Tribunal found that Meyers Motors sold a defective vehicle and breached the CPA, but it could not order a refund because the financing bank was not joined.

• Consumer Protection Act
• Implied Warranty Of Quality
• Prohibited Conduct
• Duty Of Care
• Res Judicata
• Joinder Of Parties

Vaders v Samsung Electronics SA (Pty) Ltd (NCT/315258/2024/75(1)(b))

Vaders v Samsung Electronics SA (Pty) Ltd (NCT/315258/2024/75(1)(b)) [2024] ZANCT 46 (19 October 2024)

Court

National Consumer Tribunal

Case number

NCT/315258/2024/75(1)(b)

Judges

M Peenze, A Potwana, P Manzi-Ntshingila

The Tribunal dismissed a consumer claim over a refrigerator-freezer, finding no proven defect and holding that temperature fluctuation during load shedding did not of itself justify replacement or refund.

• Consumer Protection Act
• Implied Warranty Of Quality
• Defective Goods
• Burden Of Proof
• Interpretation Of Product Specifications
• Consumer-protection-act

National Consumer Commission v Bryanston Executive Cars CC (NCT/303398/2023/73(2)(b))

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

Court

National Consumer Tribunal

Case number

NCT/303398/2023/73(2)(b)

Judges

S Hockey, A Potwana, S Mbhele

The Tribunal found that a used Audi sold by the respondent was defective within six months, breached the CPA, and ordered engine repair or replacement plus a fine.

• Consumer Protection Act
• Implied Warranty Of Quality
• Prohibited Conduct
• Administrative Fine
• Contractual Exclusion Of Liability
• Consumer-protection-act

Toyota Randburg (A division of Motus Group Ltd) v Ndlovu and Another (A103/2022)

Toyota Randburg (A division of Motus Group Ltd) v Ndlovu and Another (A103/2022) [2024] ZAGPPHC 591 (20 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

A103/2022

Judges

MP Kumalo, Mbongwe

The court found that the motor vehicle supplied to the First Respondent was defective within the meaning of the Consumer Protection Act, as the engine seized within days of delivery and the vehicle failed to perform as reasonably expected. The Appellant did not successfully rebut the presumption of defectiveness, and the evidence did not support its claim of negligence by the First Respondent. The Tribunal was correct in finding a contravention of the CPA and granting relief. However, the Tribunal erred in ordering a full refund without evidence of the resale value or payments made, resulting…

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• Consumer Protection Act
• Defective Goods
• Implied Warranty Of Quality
• Burden Of Proof
• Remittal Of Matter
• Unjust Enrichment