A badly repaired 2012 Ford Ranger was at the centre of a landmark ruling by the SCA this week. Alta Van Niekerk has pulled off a landmark victory against WesBank, with the Supreme Court of Appeal (SCA) ordering the bank to repay R170,023 for a defective used Ford Ranger that it financed. The SCA overturned an earlier Mahikeng High Court ruling, confirming that banks cannot wash their hands of faulty vehicles, even when they provide the financing.
The case highlights a persistent problem. The National Consumer Commission (NCC) receives hundreds of complaints every month from consumers who bought vehicles with hidden defects, particularly second-hand cars. Many saykey information about a vehicle’s conditionwas withheld at the time of sale.
Over nine months, the NCC received roughly 600 complaints against second-hand dealers, including 46 against one major supplier. Van Niekerk’s attorney, Trudie Broekmann, said, “Where a consumer would previously have returned his vehicle to the dealership if it turned out to be a lemon, if it’s financed, the financier now has to carry the can.” Broekmann added thatthe ruling places appropriate responsibilityon the banks, who have, up to now, been in the business of washing their hands of defects, even those which endanger road-users’ lives. Consumers can now claim directly against banks for defective products, avoiding delays or disputes with dealerships.
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Banks will also be liable for any harm caused by defects, such as accidents or pileups, Broekmann said. According to the 2024/25 NCC annual report, just under 60% of complaints in priority sectors, including second-hand vehicles, were finalised during the reporting period. For complaints that went to the National Consumer Tribunal or the courts, the commission’s success rate was around 90%, with 19 of 21 rulings in a recent quarter issued in its favour.
The saga started in 2017 when Van Niekerk traded in a car and financed the balance for a 2012 Ford Ranger 3.2 TDCi diesel 4×4 model for her son. The Ranger, it turned out, had a faulty gearbox, so she returned the vehicle. A mechanic that she consulted alleged that the used dealership had installed the wrong gearbox while repairing the vehicle. Van Niekerk formerly cancelled the agreement and claimed a refund from both the dealership and WesBank.
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