South Africa Case Law

Lazarus Motor Company v Robert and Another (A58/22)

Lazarus Motor Company v Robert and Another (A58/22) [2024] ZAGPPHC 423 (6 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

A58/22

Judges

N V Khumalo, M M D Lenyai

The court found that the rust present in the respondent's vehicle constituted a latent defect as defined by the Consumer Protection Act. The defect was not visible at the time of purchase and rendered the vehicle less acceptable and unsafe than a new vehicle should be. The court rejected the applicant's argument that the rust was caused by an acid spill, relying instead on expert evidence that the corrosion resulted from exposure to water. The Tribunal's approach to expert evidence was upheld, as it properly dismissed hearsay and unsupported claims. The respondent was entitled to the protecti…

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• Consumer Protection Act
• Latent Defects
• Implied Warranty Of Quality
• Expert Evidence
• Remedies For Defective Goods

Lubisi v Imperial Select Multifranchise (Pty) Ltd t/a East Rand Multifranchise (NCT/85401/2017/75(1)(b))

Lubisi v Imperial Select Multifranchise (Pty) Ltd t/a East Rand Multifranchise (NCT/85401/2017/75(1)(b)) [2019] ZANCT 31 (18 March 2019)

Court

National Consumer Tribunal

Case number

NCT/85401/2017/75(1)(b)

Judge

H Devraj

The Tribunal found that the applicant's complaint falls within the scope of sections 55 and 56 of the Consumer Protection Act, as he reported the defect in the vehicle's suspension within three months of purchase and was promised a replacement that did not materialize. The applicant demonstrated substantial efforts to resolve the matter and the issue is of significant importance to him. The Tribunal was satisfied that the applicant has laid a foundation for a complaint under the Act and that there are reasonable prospects of success. Therefore, leave to refer the complaint directly to the Tri…

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• Consumer Protection Act
• Goods Quality And Safety
• Remedies For Defective Goods

Masindi v Ramco Motor Company (NCT/122119/2018/75(1)(b))

Masindi v Ramco Motor Company (NCT/122119/2018/75(1)(b)) [2019] ZANCT 20 (12 March 2019)

Court

National Consumer Tribunal

Case number

NCT/122119/2018/75(1)(b)

Judge

H Devraj

The National Consumer Tribunal granted leave to refer a consumer complaint about allegedly poor vehicle repairs and service quality against the respondent.

• Consumer Protection Act
• Quality Of Service
• Default Judgment
• Leave To Refer
• Remedies For Defective Goods
• Consumer-protection-act

Edwards v Accordian Investments (Pty) Ltd (NCT/82942/ 2017/75(1)(b))

Edwards v Accordian Investments (Pty) Ltd (NCT/82942/ 2017/75(1)(b)) [2018] ZANCT 9 (22 March 2018)

Court

National Consumer Tribunal

Case number

NCT/82942/2017/75(1)(b)

Judge

T Woker

The Tribunal granted leave to refer a consumer complaint about an allegedly defective motor vehicle, finding reasonable prospects of success and substantial importance.

• Consumer Protection Act
• Leave To Refer
• Quality Of Goods
• Remedies For Defective Goods
• Reasonable Prospects Of Success
• Consumer-protection-act

Bothma v Point Blank Trading 11 (Pty) Ltd t/a Car King 3 (NCT/26816/2016/75(1)(b))

Bothma v Point Blank Trading 11 (Pty) Ltd t/a Car King 3 (NCT/26816/2016/75(1)(b)) [2016] ZANCT 36 (16 September 2016)

Court

National Consumer Tribunal

Case number

NCT/26816/2016/75(1)(b)

Judges

B Dumisa, D Terblanche, J Simpson

The Tribunal granted leave and ordered a used vehicle be repaired at the dealer’s cost after finding defects arose within six months of purchase under the CPA.

• Consumer Protection Act
• Implied Warranty Of Quality
• Defective Goods
• Remedies For Defective Goods
• Reasonable Standard Of Repair
• Consumer-protection-act