Motor ruling backs repair right

Les McMaster

McMaster said a member in Kwa-Zulu Natal recently forwarded him this notification sent out by a motor dealership in the area. "Parts supplied over the counter can only be returned for claims via our workshop. The vehicle has to come to the selling dealer and the customer must pay for diagnostic [attention] and also pay for a new part.

"Only once the claim is processed and approved by [dealer name] South Africa, will the selling dealer reimburse the customer for a part supplied."

Consumer Act contravention

McMaster said in response: "Our immediate concern was that this practice is in breach of the Consumer Protection Act (CPA) and, if allowed, will affect all independent workshops. Miwa represents the interests of some 2,500 independent workshops in South Africa and this is a good example of the concerns we address to protect those interests."

He said Miwa was elated to have its suspicions confirmed when the Deputy Motor Industry Ombudsman responded by saying that the particular supplier was indeed contravening several sections and sub-sections of the CPA.

"This wholly supports Miwa's promotion of right to repair in South Africa," McMaster said. "Our new car market still burdens consumers with warranties which dictate the use of genuine parts. But in many first-world countries this is a thing of the past, and consumers are free to use aftermarket parts in their vehicles without affecting warranty."

McMaster said Miwa was at the forefront of lobbying for change and legislating the right to repair initiative in South Africa. Right to repair has been advocated and legislated in developed countries globally since the early 1980s. It promotes consumers having the right to choose where their vehicles are serviced, maintained and repaired at competitive prices in the workshop of their choice.

Source: Herald