South Africa Case Law

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…

Source excerpt

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

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

National Consumer Commission v BAJ Auto Investments (Pty) Ltd t/a Auto Investments Vanderbijlpark (NCT/295854/2023/73(2)(b))

National Consumer Commission v BAJ Auto Investments (Pty) Ltd t/a Auto Investments Vanderbijlpark (NCT/295854/2023/73(2)(b)) [2024] ZANCT 56 (10 October 2024)

Court

National Consumer Tribunal

Case number

NCT/295854/2023/73(2)(b)

Judges

M Peenze, A Potwana, S Mbhele

The Tribunal found that the respondent contravened sections 51(1)(a) and (b) and 56(2)(a) to (b) read with 55(2)(a) to (c) of the CPA by making the transaction subject to a mechanical warranty waiver that unlawfully deprived the consumer of statutory rights. The vehicle failed within five days of delivery, indicating it was not of good quality or durable as required by the CPA. The respondent's arguments regarding the age and mileage of the vehicle were rejected, as the statutory protections apply regardless of these factors. The Tribunal dismissed the respondent's points in limine regarding…

Source excerpt

• Consumer Protection Act
• Prohibited Conduct
• Warranty Waiver
• Refund Of Purchase Price
• Administrative Penalty

Herold Gie and Broadhead Inc v Harris N O and Others (602/2023)

Herold Gie and Broadhead Inc v Harris N O and Others (602/2023) [2024] ZASCA 125; [2024] 4 All SA 333 (SCA); 2025 (2) SA 144 (SCA) (13 September 2024)

Court

Supreme Court of Appeal

Case number

602/2023

Judges

Dambuza, Nicholls, Mabindla-Boqwana, Tolmay, Mbhele

The Supreme Court of Appeal held that section 6(4) of the HDSA did not support a refund claim where the practitioner had already paid the developer before insolvency.

• Housing Development Schemes For Retired Persons Act
• Statutory Interpretation
• Trust Account Liability
• Refund Of Purchase Price
• Separation Of Issues
• Housing-development-schemes-for-retired-persons-act

Ndlovu obo Sbuyile Transport (Pty) Ltd v Edan Traders (Pty) Ltd (NCT/242384/2022/75(1)(b))

Ndlovu obo Sbuyile Transport (Pty) Ltd v Edan Traders (Pty) Ltd (NCT/242384/2022/75(1)(b)) [2024] ZANCT 35 (30 August 2024)

Court

National Consumer Tribunal

Case number

NCT/242384/2022/75(1)(b)

Judges

Zodwa Ntuli, Selwyn Hockey, Sithembiso Mbhele

The Tribunal found that a second-hand truck sold by the respondent was defective and unsafe, declared prohibited conduct, and ordered repayment of the purchase price.

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

KwaZulu-Natal Consumer Protector and Another v Cupboard Trendz t/a Handa Interiors and Others (KZNCT04-24)

KwaZulu-Natal Consumer Protector and Another v Cupboard Trendz t/a Handa Interiors and Others (KZNCT04-24) [2024] ZACONAF 4 (18 August 2024)

Court

Consumer Affairs Court

Case number

KZNCT04-24

Judges

B. Dumisa, N. Cawe, A. Sewpersad

The Tribunal found the suppliers failed to complete a TV unit and coffee bar, ordered a R32,000 refund, and imposed a R25,000 administrative penalty.

• Consumer Protection Act
• Quality Of Service
• Refund Of Purchase Price
• Administrative Penalty
• Consumer-protection
• Quality-of-service

Rodgers v Motortown Western Province CC t/a Motorama (NCT/279189/2023/75(1)(b))

Rodgers v Motortown Western Province CC t/a Motorama (NCT/279189/2023/75(1)(b)) [2024] ZANCT 12 (9 July 2024)

Court

National Consumer Tribunal

Case number

NCT/279189/2023/75(1)(b)

Judges

S Hockey, MC Peenze, Z Ntuli

The Tribunal ordered a refund for a defective vehicle after finding the supplier failed to remedy the defect within three months and breached the CPA.

• Consumer Protection Act
• Defective Goods
• Refund Of Purchase Price
• Consumer-protection-act
• Defective-goods
• Refund-of-purchase-price

KwaZulu-Natal Consumer Protector and Another v Funnell Cars and Another (KZNCT1/2024)

KwaZulu-Natal Consumer Protector and Another v Funnell Cars and Another (KZNCT1/2024) [2024] ZACONAF 2 (21 June 2024)

Court

Consumer Affairs Court

Case number

KZNCT1/2024

Judges

B Dumisa, N Cawe, P Dabideen

The Tribunal made a settlement agreement an order after a consumer complaint about a defective vehicle sold by Funnell Cars. The defendants acknowledged prohibited conduct and agreed to refund the consumer.

• Consumer Protection Act
• Prohibited Conduct
• Refund Of Purchase Price
• Settlement Agreement
• Default Judgment
• Consumer-protection

KwaZulu-Natal Consumer Protection and Another v Funnel Cars and Another (KZNCT1/2024)

KwaZulu-Natal Consumer Protection and Another v Funnel Cars and Another (KZNCT1/2024) [2024] ZACONAF 3 (21 June 2024)

Court

Consumer Affairs Court

Case number

KZNCT1/2024

Judges

B Dumisa, N Cawe, P Dabideen

The Tribunal made a settlement agreement an order in a consumer dispute over a defective vehicle sale, with agreed refund payments and no further claim after compliance.

• Consumer Protection
• Prohibited Conduct
• Refund Of Purchase Price
• Settlement Agreement
• Tribunal Enforcement
• Consumer-protection

Molale v Elarda (NW17/2023)

Molale v Elarda (NW17/2023) [2024] ZACONAF 9 (26 March 2024)

Court

Consumer Affairs Court

Case number

NW17/2023

Judges

KJP Kgomongwe, Tl Rakoka, ML Kortjas

The court cancelled a laybye agreement for a headboard after the seller failed to deliver, and ordered a refund of the R7,000 purchase price.

• Consumer Protection Act
• Specific Performance
• Contract Cancellation
• Refund Of Purchase Price
• Consumer-protection
• Laybye-agreements