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South Africa Case Law

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Commercial And Corporate [2024] ZANCT 70

Miya v Nissan SA (Nissan South Africa (Pty) Ltd and Others (286461/2023/75(1)(b))

Miya v Nissan SA (Nissan South Africa (Pty) Ltd and Others (286461/2023/75(1)(b)) [2024] ZANCT 70 (5 December 2024)

The Tribunal dismissed claims against Nissan SA and a dealer, but found the repairer delayed repairs, withheld the vehicle unlawfully, and returned it damaged.

  • Consumer Protection Act
  • Quality Of Service
  • Unauthorised Charges
  • Warranty Claims
  • Prohibited Conduct
  • Consumer-protection-act
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Commercial And Corporate [2024] ZACONAF 7

Mogorosi v Motor World CC t/a Spectacular Auto (NW13/2023)

Mogorosi v Motor World CC t/a Spectacular Auto (NW13/2023) [2024] ZACONAF 7 (24 July 2024)

The court dismissed the buyer’s claim over a used Ford Ranger, finding he failed to prove the seller breached its duty to remedy defects after delivery.

  • Consumer Protection Act
  • Sale Of Goods
  • Warranty Claims
  • Onus Of Proof
  • Consumer-protection-act
  • Used-vehicle-sale
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Commercial And Corporate [2022] ZANCT 47

Tingle v Mazda Southern Africa (Pty) Ltd (NCT/227890/2022/75(1)(b))

Tingle v Mazda Southern Africa (Pty) Ltd (NCT/227890/2022/75(1)(b)) [2022] ZANCT 47 (7 July 2022)

The Tribunal refused leave to refer a consumer complaint about an alleged vehicle defect, finding no reasonable prospect of success under the CPA.

  • Consumer Protection Act
  • Defective Goods
  • Warranty Claims
  • Leave To Refer
  • Quality Of Service
  • Consumer-protection-act
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Commercial And Corporate [2021] ZANCT 53

De Villiers v Donford (Pty) Ltd t/a BMW Stellenbosch (NCT/189254/2021/75(1)(b) CPA - Rule 34)

De Villiers v Donford (Pty) Ltd t/a BMW Stellenbosch (NCT/189254/2021/75(1)(b) CPA - Rule 34) [2021] ZANCT 53 (2 December 2021)

The Tribunal refused leave to refer a CPA complaint about an alleged BMW repair defect, finding no clear factual basis or reasonable prospect of success.

  • Consumer Protection Act
  • Quality Of Service
  • Warranty Claims
  • Refund Remedy
  • Consumer-protection-act
  • Quality-of-service
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Commercial And Corporate [2019] ZANCT 45

Mafadza v Bidvest McCarthy Volkswagen Arcadia (Pty) Ltd (NCT/122593/2018/75(1)(B))

Mafadza v Bidvest McCarthy Volkswagen Arcadia (Pty) Ltd (NCT/122593/2018/75(1)(B)) [2019] ZANCT 45 (10 March 2019)

The Tribunal found that the applicant's complaint is of substantial importance to her, as evidenced by her persistent efforts to resolve the issue through multiple channels. The applicant reported the defect within the warranty period and provided reasonable explanations for any delay. The respondent's refusal to provide the technician's report and lack of cooperation with MIOSA were contrary to the spirit of the Consumer Protection Act. The Tribunal held that the applicant has satisfied the requirements for leave to refer the matter, as her complaint falls within the ambit of the CPA and the…

  • Consumer Protection Act
  • Leave To Refer
  • Warranty Claims
  • Dealer Liability
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Commercial And Corporate [2018] ZANCT 139

Marianne v South Cape Auto (Pty) Ltd t/a Hyundai (NCT/94740/2017/75(1)(b))

Marianne v South Cape Auto (Pty) Ltd t/a Hyundai (NCT/94740/2017/75(1)(b)) [2018] ZANCT 139 (16 December 2018)

The Tribunal dismissed a consumer claim for vehicle repair reimbursement after finding the applicant lacked locus standi because the vehicle belonged to Vision Direct CC.

  • Consumer Protection Act
  • Locus Standi
  • Defective Goods
  • Warranty Claims
  • Consumer-protection-act
  • Locus-standi
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Commercial And Corporate [2018] ZANCT 92

Baderon v Volkswagen Claremont (Pty) Ltd (NCT/94930/2017/75(1))

Baderon v Volkswagen Claremont (Pty) Ltd (NCT/94930/2017/75(1)) [2018] ZANCT 92 (7 August 2018)

The Tribunal refused leave to refer a consumer complaint about a defective vehicle, finding no reasonable prospects of success under section 56 of the CPA.

  • Consumer Protection Act
  • Warranty Claims
  • Leave To Refer
  • Defective Goods
  • Consumer-protection-act
  • Defective-goods
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Commercial And Corporate [2017] ZANCT 50

Bandera Trading and Projects CC v Kia Motors South Africa (Pty) Ltd t/a The Glen (NCT/17829/2014/75(1)(b))

Bandera Trading and Projects CC v Kia Motors South Africa (Pty) Ltd t/a The Glen (NCT/17829/2014/75(1)(b)) [2017] ZANCT 50 (24 January 2017)

The Tribunal refused leave to refer a consumer complaint about an allegedly defective vehicle, finding no reasonable prospects of success under the CPA.

  • Consumer Protection Act
  • Leave To Refer
  • Jurisdiction Of Tribunal
  • Defective Goods
  • Warranty Claims
  • Consumer-protection-act
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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.