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South Africa decisions
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Leff v Eastrand Engen and Turbo (NCT/348735/2024/114(1)) [2025] ZANCT 2 (3 February 2025)
The Tribunal found the respondent failed to provide engine reconditioning services of the required quality and ordered a 90% refund under the CPA.
Highpoint Manufacturing (Pty) Limited v Emerson Assets Holdings (Pty) Ltd and Others (3963/2021) [2023] ZAFSHC 28 (6 February 2023)
The court found that the applicant failed to provide a satisfactory explanation for not issuing the third-party notice before the close of pleadings. The applicant was aware of the third respondent's involvement and the alleged defects well before the relevant dates, as evidenced by correspondence and meetings. The explanation that knowledge of the factory fault only arose after discovery was found to be contradictory and false. Furthermore, the warranty relied upon by the applicant had expired, and any claim based on it was time-barred. On a conspectus of all the evidence and facts, the appl…
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Subrayen v FCA South Africa (Pty) Ltd and Others (NCT/214406/2022/75(1)(b)) [2022] ZANCT 62 (12 December 2022)
The Tribunal dismissed the consumer complaint because the applicant failed to prove locus standi to sue on behalf of the estate or in his own name.
Extreme Lifestyle Centre (Pty) Ltd v Mivami Construction CC (A268/2020) [2022] ZAGPPHC 539 (18 July 2022)
The court held that finance-house agreements superseded any initial sale agreement, but the supplier remained liable under self-standing warranties.
Mckenzie Alman Construction CC v Basson and Others; Mckenzie Alman Construction CC v Ramsamy and Others (2020 / 24722; 2020 / 24721) [2021] ZAGPJHC 697 (18 November 2021)
The High Court upheld an exception to particulars of claim arising from a property sale agreement, finding no cause of action against the second defendant.
Mivani Construction CC v Extreme Lifestyle Centre (Pty) Ltd (15864/2012) [2020] ZAGPPHC 18 (25 February 2020)
The court found that a binding agreement for the sale of seven Powerstar tipper trucks was concluded between the parties, with all essential terms agreed and confirmed by a signed order. The subsequent finance agreements did not evidence an intention to novate the original contract, as the parties continued to act in accordance with the initial agreement and did not reference the finance agreements in their dealings. The defendant's standard warranty terms and conditions were imported as a tacit term of the agreement, given industry practice and the parties' conduct, ensuring business efficac…
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Assessment: Defective Goods-Damage (201602-0011901) [2017] ZACGSO 1 (20 April 2017)
The Ombud found no basis to order a refund or replacement for a motherboard with bent pins, holding that the damage appeared to be customer negligence and not a warranty defect.
Damage altered (201605-0007205) [2016] ZACGSO 11 (16 September 2016)
The Ombud found the laptop had liquid damage and held that this was not a manufacturer’s defect covered by warranty, so the supplier was not required to repair it.
TV defective: Consumer abuse (2013114151) [2014] ZACGSO 8 (1 April 2014)
A consumer complaint over a defective TV failed after the Ombud found the damage was caused by customer negligence, not a covered defect.
Watch strap broke on last day of warrantee period: Supplier not liable to replace or refund (201311136) [2014] ZACGSO 12 (22 January 2014)
The Ombud dismissed a complaint over a broken watch strap, finding no proof of defect on a balance of probabilities and no basis to order a refund.
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