South Africa Case Law

National Consumer Commission v WP Motors Sales (Pty) Ltd t/a WP Motors and Another (NCT/246983/2022/73(2)(b))

National Consumer Commission v WP Motors Sales (Pty) Ltd t/a WP Motors and Another (NCT/246983/2022/73(2)(b)) [2025] ZANCT 11 (17 February 2025)

Court

National Consumer Tribunal

Case number

NCT/246983/2022/73(2)(b)

Judges

N Maseti, Z Ntuli, MC Peenze

The Tribunal found that the first respondent contravened sections 55(2)(b), 55(2)(c), and 56(2)(b) of the Consumer Protection Act by selling a vehicle that suffered serious mechanical defects within three days of delivery. The consumer elected to cancel the agreement and seek a refund, which was communicated clearly and supported by documentary evidence. The first respondent's defence of driver negligence was rejected due to inadmissible hearsay evidence and lack of substantiation. The consumer's acceptance of the repaired vehicle was under economic duress and did not amount to repudiation of…

Source excerpt

• Consumer Protection Act
• Prohibited Conduct
• Refund Remedy
• Administrative Penalty
• Hearsay Evidence
• Statutory Warranty

Modisakeng v Lichtenburg Motors CC (NCT/292567/2023/75(1)(b))

Modisakeng v Lichtenburg Motors CC (NCT/292567/2023/75(1)(b)) [2024] ZANCT 55 (3 October 2024)

Court

National Consumer Tribunal

Case number

NCT/292567/2023/75(1)(b)

Judges

A Potwana, M Peenze, C Ntsoane

The Tribunal held that the dealer contravened section 56(3) of the CPA by failing to replace or refund a defective vehicle after repeated failed repairs.

• Consumer Protection Act
• Refund For Defective Goods
• Statutory Warranty
• Prohibited Conduct
• Repair And Replace Obligation
• Consumer-protection-act

WJB Stieger Konstruksie (Pty) Ltd v Janse van Vuuren (CIV APP FB 8/2024)

WJB Stieger Konstruksie (Pty) Ltd v Janse van Vuuren (CIV APP FB 8/2024) [2024] ZANWHC 206 (8 August 2024)

Court

North West High Court, Mafikeng

Case number

CIV APP FB 8/2024

Judges

J T Djaje, R D Hendricks, A H Petersen

The court held that the respondent had the minimum facts required to institute a claim against the appellant as of December 2017, when the structural defects were confirmed and the breach of contract was apparent. The statutory warranty under the Housing Consumer Protection Measures Act did not impose any condition or period that would delay the running of prescription. The respondent's reliance on the appellant's refusal to repair as the trigger for prescription was misplaced. Prescription commenced in December 2017 and was not interrupted. The respondent's claim became prescribed in Decembe…

Source excerpt

• Prescription Act
• Contractual Damages
• Statutory Warranty
• Housing Consumer Protection
• Special Plea
• Structural Defects

Carstens v Beukes and Others (NCT/133281/2019/75(1)(b))

Carstens v Beukes and Others (NCT/133281/2019/75(1)(b)) [2020] ZANCT 4 (24 February 2020)

Court

National Consumer Tribunal

Case number

NCT/133281/2019/75(1)(b)

Judges

A Potwana, J Simpson, H Alwar

The National Consumer Tribunal granted condonation after the applicant failed to serve all respondents, noting her complaint had reasonable prospects under the CPA.

• Condonation
• Consumer Protection Act
• Defective Goods
• Statutory Warranty
• Service Of Process
• Consumer-protection-act

de Beer v CAW Enterprise Solutions (Pty) Ltd and t/a ACD Kleyn's Auto Services (NCT/125346/2019/148(1))

de Beer v CAW Enterprise Solutions (Pty) Ltd and t/a ACD Kleyn's Auto Services (NCT/125346/2019/148(1)) [2019] ZANCT 83 (24 May 2019)

Court

National Consumer Tribunal

Case number

NCT/125346/2019/148(1)

Judges

M Nkomo, P Beck, A Potwana

The Tribunal upheld an appeal and granted condonation for late filing, finding reasonable prospects of success in a consumer repair dispute under the CPA.

• Consumer Protection Act
• Condonation
• Leave To Refer
• Statutory Warranty
• Quality Of Workmanship
• Consumer-protection-act