Background of the Case
A Gauteng consumer, Matome Victor Maponya, bought a used Volkswagen Kombi T5 from the Germiston branch of We Buy Cars in December 2022. He says the car was faulty, mis‑described and sold for more than the advertised price. After the National Consumer Commission refused to forward his complaint, he asked the court to let him take the matter straight to the National Consumer Tribunal. The court agreed, allowing the dispute to be heard by the tribunal.
What Maponya Claims Went Wrong
Vehicle Condition
When he inspected the Kombi, Maponya found several problems:
- Cracked tailgate
- Cracked windshield
- Damaged headliner
- Broken driver’s seat
- Missing jack
He says We Buy Cars promised to fix the tailgate, give him a jack, service the car and do a full valet before delivery.
Issues After Taking Delivery
Shortly after driving the car home, he noticed:
- Strange engine noises when turning the steering wheel (December 15, 2022)
- A faulty locking system
- That the car was advertised as a long‑wheelbase model but turned out to be a short‑wheelbase version
- Evidence suggesting the vehicle had been in a serious accident and was not properly repaired
He took the car to Motorvision for a diagnosis and then to a specialist steering shop. After arranging repairs through a third party, he asked We Buy Cars for a refund, which was refused.
Price Discrepancy
The online advert listed a reserve price of R223,900. The purchase offer he signed, however, showed a total of R269,586.24. Maponya argues this big difference could be deceptive marketing under the Consumer Protection Act (CPA).
We Buy Cars’ Side of the Story
The dealership responded with several points:
- The Kombi was about 12 years old and had travelled just under 167,000 km – age and mileage that could explain normal wear and tear.
- Maponya received a DEKRA inspection report before buying and signed a pre‑delivery inspection sheet confirming the car’s condition.
- The CPA lets a seller avoid liability if the buyer is told about defects and agrees to accept the goods “as is.”
- Statutory warranty under the CPA no longer applies because Maponya had third‑party repairs done after leaving the dealership.
We Buy Cars claims Maponya undermined the process by arranging repairs himself before giving them a chance to fix the problems.
Court’s Reasoning for Allowing Direct Referral
The judge stressed that at this stage the court does not decide who is right or wrong. Instead, it only checks whether there are enough grounds to let the case go straight to the National Consumer Tribunal for a full hearing.
The court found:
- The allegations about defects could violate Section 55 of the CPA, which requires goods to be of good quality, in working order and free from defects.
- The price difference claim might involve provisions that ban false, deceptive or fraudulent marketing.
- The case raises important questions about how the CPA should be interpreted and applied, making it worthwhile for the tribunal to examine the facts fully.
Because of these reasons, the judge granted Maponya permission to refer his complaint directly to the tribunal. No decision was made on costs at this point.
What Happens Next?
The factual dispute will now be heard by the National Consumer Tribunal. Both sides will present evidence, call witnesses and argue their positions. The tribunal will decide:
- Whether the vehicle truly suffered the defects Maponya alleges.
- If the price advertised differed unfairly from what he paid.
- Whether We Buy Cars violated any sections of the Consumer Protection Act.
- What remedy, if any, Maponya should receive (e.g., returning the car, getting a refund, compensation for repair costs, insurance, fuel, etc.).
Conclusion
This case highlights how young consumers can use the Consumer Protection Act to challenge problems with second‑hand purchases. By allowing Maponya to go straight to the tribunal, the court ensures that serious claims about vehicle condition, pricing and possible misleading advertising get a thorough, fair review. The outcome will not only affect the parties involved but may also clarify how the CPA applies to used‑car sales in South Africa.
