Suppliers, consumers and redress for defective vehicles — the reach of the National Consumer Tribunal : Tshehla v Aucamp Eiendoms Beleggings

Abstract

The National Consumer Tribunal has been inundated with disputes regarding the supply of defective motor vehicles by unscrupulous suppliers in terms of the Consumer Protection Act 68 of 2008. The purpose of this note is to disseminate the recent Tribunal decision of Tshehla v Aucamp Eiendoms Beleggings t/a CA Motors [2019] ZANCT 160 to illustrate the recurring prohibited conduct by suppliers as motor dealerships regarding not only the sale of defective goods, but also the representations, conduct and content of the preceding consumer sale agreements. The discussion will illustrate the Tribunal's efforts to provide effective redress and enforcement as a mandated enforcement institution in terms of the Act, despite the obstacles faced in this regard specifically because of the problematic wording and application of the Act.