A Krugersdorp vehicle trader took advantage of a consumer, engaged in unconscionable conduct, and made misleading representations when selling her a defective used truck, the Gauteng High Court (Johannesburg) has confirmed.

Judge Seena Yacoob, with Judges Leonie Windell and Brad Wanless concurring, also found that the woman was entitled to return the truck and receive a replacement or a refund, but did not get it.

They dismissed with costs an appeal by Edan Traders against a judgment by the National Consumer Tribunal.

Moneyweb reports that Edan appealed against the tribunal’s August 2024 finding that it had contravened several provisions of the Consumer Protection Act (CPA) and that those contraventions constituted prohibited conduct – but strangely did not appeal against the tribunal’s order that it repay Sihle Ndlovu the R316 250 she paid for the truck.

The Motor Industry Ombudsman of SA had failed to resolve the complaint lodged by Ndlovu in June 2021, and the National Consumer Commission in June 2022 issued a notice of non-referral to Ndlovu’s complaint.

This led to Ndlovu referring her dispute with Edan to the tribunal in September 2022.

Yacoob said the basis of the appeal appears to be that the tribunal’s findings are not supported by the evidence before it.

Moneyweb notes that she said it is also clear that (Edan owner) Eddie Visser personally warranted to Ndlovu that the truck was strong and in good condition, and referred to the section of the CPA headed ‘unconscionable conduct’.

She said the CPA provides that the supplier must not, by words and conduct, make a misrepresentation regarding a material fact to a consumer, or ‘use exaggeration, innuendo or ambiguity as to a material fact, or fail to disclose a material fact if that failure amounts to a deception’.

Full Moneyweb report