The role of consumer courts and the motor industry ombudsman of South Africa in the realisation of rights for consumers : a critical analysis of Kwazulu-Natal Consumer Protector V Jatru Trading (Pty) Ltd T/A Trucking Traders [2023] Zanct 14

Abstract

Disputes permeate all transactions and agreements, and consumer transactions are no exception. The Consumer Protection Act 68 of 2008 (‘CPA’) introduced a dispute resolution framework that is intended to apply to the resolution of consumer disputes (see s 69 of the CPA). The objectives of the CPA are, amongst other things, to ensure that consumers have access to speedy and efficient systems of redress in general; and to afford consumers and suppliers the opportunity to subject their disputes to consensual dispute resolution processes (see s 3(1)(g) and (h) of the CPA). Provincial consumer courts and accredited industry ombuds are components of the CPA’s dispute resolution process and play an important role in giving consumers access to redress. However, it is necessary to consider the extent to which these bodies are effective and, at times, whether they are acting within their powers. Where these consumer protection bodies are found to be lacking in light of these considerations, possible solutions should be tabled with the intention of improving access to redress for consumers. Accordingly, the purpose of this case note is to examine the role played by the Motor Industry Ombudsman of South Africa (‘MIOSA’) and the KwaZulu-Natal Consumer Tribunal (‘KZN Tribunal’) in the resolution of a consumer dispute in the matter of KwaZulu Natal Consumer Protector v Jatru Trading (Pty) Ltd t/a Trucking Traders [2023] ZANCT 14 (‘Jatru Trading’).