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South Africa Case Law

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Commercial And Corporate [2022] ZANCT 9

Maluleke v Farhad Omar Ismail Trading Trust t/a Squad Cars Motor Group (I.T) (NCT/146540/2019/75(1)(b))

Maluleke v Farhad Omar Ismail Trading Trust t/a Squad Cars Motor Group (I.T) (NCT/146540/2019/75(1)(b)) [2022] ZANCT 9 (2 February 2022)

The Tribunal found that a pre-owned vehicle sold to the applicant was defective from the outset and imposed an administrative fine on the dealer.

  • Consumer Protection Act
  • Implied Warranty Of Quality
  • Prohibited Conduct
  • Administrative Fine
  • Return Of Defective Goods
  • Consumer-protection-act
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Commercial And Corporate [2021] ZANCT 26

Leutle v Kolev Motors CC (NCT/136678/2019/75(1)(b))

Leutle v Kolev Motors CC (NCT/136678/2019/75(1)(b)) [2021] ZANCT 26 (20 July 2021)

The Tribunal held that a defective used car fell within the CPA, found prohibited conduct, and allowed the consumer to seek a damages certificate.

  • Consumer Protection Act
  • Implied Warranty Of Quality
  • Prohibited Conduct
  • Return Of Defective Goods
  • Statutory Remedies
  • Consumer-protection-act
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Commercial And Corporate [2021] ZANCT 15

Dlekedla v Jason Wheels (Pty) trading as Umngeni Auto Haus (NCCT/136594/2019/75(1)(b))

Dlekedla v Jason Wheels (Pty) trading as Umngeni Auto Haus (NCCT/136594/2019/75(1)(b)) [2021] ZANCT 15 (4 June 2021)

The Tribunal found a used vehicle was sold with undisclosed defects and misleading assurances, and ordered the dealer to refund R100,000 to the consumer.

  • Consumer Protection Act
  • Misrepresentation
  • Implied Warranty Of Quality
  • Refund Of Purchase Price
  • Prohibited Conduct
  • Return Of Defective Goods
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Commercial And Corporate [2021] ZANCT 5

Zola Soyaya v Mykatrade 87 CC (NCT/167323/2020/75(1)(b))

Zola Soyaya v Mykatrade 87 CC (NCT/167323/2020/75(1)(b)) [2021] ZANCT 5 (17 April 2021)

The Tribunal held that a used vehicle was misrepresented and defective on delivery, and ordered the respondent to refund the full purchase price.

  • Consumer Protection Act
  • Misrepresentation
  • Implied Warranty Of Quality
  • Return Of Defective Goods
  • Prohibited Conduct
  • Refund Claim
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Commercial And Corporate [2015] ZACGSO 10

Proof of Purchase (201505-0183)

Proof of Purchase (201505-0183) [2015] ZACGSO 10 (21 July 2015)

The Ombud declined to order a replacement for a defective cot mobile because there was no proof of purchase linking the item to the supplier.

  • Consumer Protection Act
  • Proof Of Purchase Requirement
  • Implied Warranty
  • Return Of Defective Goods
  • Consumer-protection
  • Proof-of-purchase
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.