Johannesburg – Emaswati who frequent the South African motor market for a better deal now have a powerful legal shield following a series of landmark court victories in 2025. These rulings have forced South African dealerships and banks to return millions of Rands to consumers, providing a direct safety net for local buyers who bring vehicles across our borders.
The most transformative change stems from a Supreme Court of Appeal (SCA) ruling against WesBank. The court has officially classified banks that finance vehicles as “suppliers” under the Consumer Protection Act (CPA).
Previously, if a local buyer purchased a defective vehicle in South Africa, they would have to chase the dealer for a refund while still remaining liable for their bank loan. This ruling changes that dynamic completely. In the case of consumer Alta Van Niekerk, the bank was ordered to repay R170 023 for a defective Ford Ranger it had financed. Consumer attorney Trudie Broekmann noted that this decision forces financiers to “carry the can” for faulty goods, significantly reducing the risk for the buyer.
The crackdown has also hit major retail giants. WeBuyCars, a common choice for Emaswati buyers due to its large inventory, recently settled with the National Consumer Commission (NCC) to the tune of R3.4 million in refunds for 31 consumers. The company was also slapped with a R2.5 million fine for ignoring the legal right of consumers to return a defective vehicle within six months for a full refund, repair, or replacement.
Other notable enforcement actions included:
- Nolly Motors (Kempton Park): Ordered to refund R146 000 for a 2013 Audi A4 that was sold with undisclosed defects just two days after collection.
- Sandton Repo Cars: Forced by the Pretoria High Court to refund R459 900 after a consumer discovered the vehicle was accident-damaged and unsafe.
- Avura Executive Auto: Fined R100 000 and ordered to repay over R106 000 in repair costs for a defective Mazda.
The protection extends beyond the garage. The National Consumer Tribunal (NCT) recently fined the trustee of the reality show “Droom Troue” R250 000 for misleading participants, ordering a further R265 550 in refunds to seven complainants.
For any Eswatini resident facing similar issues with a South African purchase, the NCC now offers a digital portal for lodging complaints, making it easier to seek justice from home.
Redress guide for Emaswati buyers
If you have purchased a defective vehicle or service in South Africa, you can utilize the following channels to seek a refund or repair under the CPA.
National Consumer Commission (NCC) Contact Details:
- Online Portal: https://eservice.thencc.org.za (Recommended for cross-border lodging)
- General Enquiries: enquiries@thencc.org.za
- Complaints Email: complaints@thencc.org.za
- Contact Centre: +27 12 065 1940
- Physical Address: Block C, SABS Campus, 1 Dr. Lategan Road, Groenkloof, Pretoria.
Step-by-Step Recovery Process:
- The Six-Month Rule: Under Section 56 of the CPA, you have the right to return a defective product within six months for a refund, replacement, or repair.
- The Dealer First: You must first attempt to resolve the issue directly with the dealership. Document all communications.
- The Finance Link: If the car is financed, inform your bank of the defect immediately, citing the WesBank SCA ruling.
- Lodge with NCC: If the dealer refuses to comply, use the e-Service portal above to file an official complaint. You will need your ID/Passport and the purchase contract.
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