The Consumer and Corporate Regulations Division (CCRD) at the Department of Trade and Industry held a seminar on 4 & 5 March 2019 at the office of the National Consumer Commission (NCC) to discuss consumer redress issues in the South African motor industry.
Key role players, including SEESA, implicated in the process of consumer complaints handling were invited in order to share strategies and mechanisms on how the current system can be made more effective.
Great emphasis was placed on the role of the different consumer bodies in dealing with cases. The NCC focused on the required co-operation needed from the Industry Ombudsmen and Alternative Dispute Resolution Agents (ADR Agents) forming part of the available mechanisms of redress. It was proposed that ADR Agents are given more responsibility to handle cases or for such cases to be sent to the Provincial Consumer Courts if applicable, in order for the NCC to focus on larger and systemic cases.
The aim will be for ADR Agents to mediate disputes, so that it is unnecessary to refer matters to the Ombudsman to repeat the process. Further, consideration will be given to this and the probability is that ADR Agents will have to be registered with the NCC.
Consumers are also encouraged to approach the supplier directly at first, and if they are not assisted, then only refer the matter to the relevant ADR agent of Ombudsman. There may also be an onus on consumers to prove their claims that suppliers are not co-operating to settle a dispute.
It is important to note from the above that further progress is necessary before the respective consumer bodies will form a collective force along with the NCC. All of the suggestions given at the seminar will be taken under consideration in order to determine the best way forward. In the meantime, it is good to see that there is pressure being placed on the respective bodies, in order to ensure the effective operation of the consumer redress system.
ABOUT THE AUTHOR
Norman Prigge is a SEESA Consumer Protection & POPI Legal Advisor. He obtained his LLB degree from the University of Pretoria in 2009 and was admitted as an Attorney of the High Court in 2010. He started his career at SEESA in 2015 after leaving practice.