Abstract:
This study is aimed at analysing the role and mandate of the Motor Industry
Ombudsman of South Africa (MIOSA) under the Consumer Protection Act 68 of 2008
(CPA). The MIOSA was established as an organisation that regulates the interaction
between suppliers and consumers and provides for alternative dispute resolution
between the automotive industry and consumers as well as among participants in the
automotive and related industries in South Africa. Moreover, the MIOSA is an impartial
organisation that focuses on the resolution of disputes where a deadlock has been
reached between the automotive and related industries and their customers, as well
as relationships among participants in the automotive and related industries to the
benefit of the parties. The role of the MIOSA is to make recommendations in cases
referred to it where all parties are unable to reach mutually acceptable agreements
when a dispute arises. This research seeks to discuss the role and mandate of the
MIOSA as well as the challenges that prevent the MIOSA from effectively carrying out
its mandate under the CPA. Furthermore, this study seeks to investigate the relevant
provisions of the CPA to determine whether they contain adequate and clear
guidelines that the MIOSA could adhere to when carrying out its role and mandate.
