An analysis of the role and mandate of the motor industry ombudsman of South Africa under Consumer Protection Act 68 of 2008

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.