Dealership ordered to pay back man over R680,000 after his new Haval computer system crashed during repairs

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Dealership ordered to pay back man over R680,000 after his new Haval computer system crashed during repairs​


In March 2023, he experienced a series of technical issues, and the dealership advised him to bring the car in, which he did.

While at the dealership, the car was connected to the computerised diagnostic programme, and its computer system crashed, rendering the car inoperable.

Tucker was informed via email that the car had a fault in its Electronic Stability Programme (ESP) and that Haval Motors South Africa was involved in addressing the problem, furthermore, the issue was also escalated to the manufacturer in China.
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The Chinese do seem to be still struggling with software on their cars. You see a lot of software related malfunctions of the various Chinese cars online.
 
The Tribunal may have been too overzealous here. The dealership fixed the car and the guy took it and it is driving without any problems. And has not had any problems since. I’m all for the Consumer, trust me. But it looks like the dealership did everything right. Even providing a courtesy car and kept disclosed everything to the client. The dealership may win in court if they appeal. I hope they don’t though, it’s bad press.
 
I've updated the Official Thread for completeness.

Haval/GWM Cars

Good afternoon my friend want to buy his first car. We came across GWM M4 crossover very beautiful car in red or orange color. He is really considering buying it brand new, we both like it if I had extra cash laying around I would buy it. I don't have much experience with cars. I have heard...
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zulucat said:
The Tribunal may have been too overzealous here. The dealership fixed the car and the guy took it and it is driving without any problems. And has not had any problems since. I’m all for the Consumer, trust me. But it looks like the dealership did everything right. Even providing a courtesy car and kept disclosed everything to the client. The dealership may win in court if they appeal. I hope they don’t though, it’s bad press.
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I dunno. What guarantee is there that this doesn't happen again?

A month in the shop to fix a total computer system crash right after purchase would leave me with little confidence in the reliability of the vehicle too. CPA says you can return something within 6 months if it's defective. Seems to me this vehicle is defective. Bad software.

Whether the dealership did everything right or not is neither here nor there.
 
zulucat said:
The Tribunal may have been too overzealous here. The dealership fixed the car and the guy took it and it is driving without any problems. And has not had any problems since. I’m all for the Consumer, trust me. But it looks like the dealership did everything right. Even providing a courtesy car and kept disclosed everything to the client. The dealership may win in court if they appeal. I hope they don’t though, it’s bad press.
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No they didn't. They should have taken their lemon back and given him his money.
 
Folks quoting CPA need to keep in mind, isn't there a limit like R250k to which it applies? Therefore it does not here.
 
Kosmik said:
Folks quoting CPA need to keep in mind, isn't there a limit like R250k to which it applies? Therefore it does not here.
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Are you not perhaps thinking of the Small Claims Court? As far as I am aware of, there is not limit on which it applies. I just had a cursory read of the act, and I cannot find such a limit. There however is a limit based on turnover where a small business can be considered a consumer, to which the CPA applies.
"The South African Consumer Protection Act (CPA) protects individuals and small businesses with assets or annual turnover below R2 million, but not juristic persons (like companies) with assets or turnover of R2 million or more, except in limited circumstances."
 
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geezer said:
Are you not perhaps thinking of the Small Claims Court? As far as I am aware of, there is not limit on which it applies. I just had a cursory read of the act, and I cannot wind such a limit. There however is a limit based on turnover where a small business can be considered a consumer, to which the CPA applies.
"The South African Consumer Protection Act (CPA) protects individuals and small businesses with assets or annual turnover below R2 million, but not juristic persons (like companies) with assets or turnover of R2 million or more, except in limited circumstances."
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Small claims court is 20k I'm sure it's not that.
 
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