01-05-2025
Tribunal's landmark ruling exposes motor repair workshop in cautionary tale for consumers
The National Consumer Tribunal has made a finding favourable to a consumer whose car has been held by Cape Town Repair Services, but it's a hollow win as the business has ignored the ruling.
In a ruling that underscores the growing intolerance for shoddy service in South Africa's automotive sector, the National Consumer Tribunal has come down hard on Cape Town Motor Repairs.
It imposed a R100,000 administrative fine and ordered a R77,000 refund to Mbulelo Tongo, whose vehicle languished in the workshop for two years despite substantial payments and repeated promises that it would be fixed. Yet for Tongo, the victory has brought little relief, as he is still waiting for his money and the return of his car.
Tongo, a resident of Khayelitsha, found himself in a drawn-out battle after his vehicle was damaged in a collision. He entrusted his car to Cape Town Motor Repairs in Table View in March 2023, agreeing to a repair quote of R124,900.17.
Tongo paid a R60,000 deposit with the understanding that repairs would be completed within four to six weeks — by 24 April 2023 at the latest. But on 26 April, two days after the car should have been returned, the repair shop requested an additional R10,000 to R15,000 for suspension work. Mechanical repairs were reportedly completed a week later, but more parts and a test drive were still pending.
Between May and June that year, Tongo paid a further R17,000, bringing his total outlay to R77,000. Despite repeated assurances, the car was never delivered and Tongo's attempts to recover it proved fruitless.
Tribunal's findings
The tribunal found Cape Town Motor Repairs was in breach of the Consumer Protection Act, which guarantees consumers the right to timely service and prompt communication regarding delays.
It delivered a ruling on 25 March this year, two years since Tongo's ordeal started, and concluded that he had suffered as a result of the supplier's actions. Despite Tongo having paid a significant amount of money for repairs, Cape Town Motor Repairs treated him 'dishonestly and contemptuously', the tribunal said.
The tribunal's decision was unequivocal: Cape Town Motor Repairs must refund Tongo R77,000; it must pay an administrative fine of R100,000 within 60 business days; and the vehicle must be returned to Tongo in the same condition as when it was collected.
Tongo said the ruling was a meaningful victory, not only for him but for countless consumers exploited by service providers acting with impunity.
'It shows that the law can protect consumers and that suppliers who disregard their obligations can and will be held accountable,' he said.
However, he also said he had not received any payment and his vehicle had not been returned.
'The worst part is that I genuinely don't know what to do any more.
'I've been emailing the National Consumer Commission for updates, but no one has responded. It feels like I've been completely abandoned in this process,' Tongo said.
According to the National Credit Act, the National Consumer Tribunal has the authority to enforce specific remedies, issuing 'appropriate orders to give effect to a right' under the act as well as the Consumer Protection Act.
As much as Tongo feels abandoned, the ruling serves as a reminder that consumers are not powerless against unethical service providers. Readers who find themselves in a similar dispute are advised to document everything meticulously, keeping records of all payments, communications and promises made by the supplier.
One can escalate unresolved issues to the National Consumer Commission, which has increasingly demonstrated its willingness to hold businesses accountable through fines, refunds and public censure. But as Tongo's experience shows, be prepared for a potentially lengthy process.
Cape Town Motor Repairs did not respond to questions by the time of publication. DM
This story first appeared in our weekly Daily Maverick 168 newspaper, which is available countrywide for R35.
