The Motor Industry Ombudsman of South Africa (MIOSA)

The MIOSA is impartial and focuses on the resolution of disputes where a deadlock has been reached between the automotive and related industries and their customers, as well as relationships among participants in the automotive and related industries to the benefit of the parties. The office of the MIOSA makes recommendations in cases referred to it where all parties are unable to reach mutually acceptable agreements when a dispute arises.

The MIOSA will not entertain a dispute:

• which falls within the mandate of any other Ombud whether regulated or recognized by its industry;
• when legal action has been instituted by either party;
• when "prima facie" it appears that a criminal offence has been committed by either party;
• where it appears from any statute of the Republic of South Africa (RSA) that the MIOSA has no jurisdiction; or
• when a complaint is lodged on the grounds of a delict, claiming damages from the other party.

A "consumer" in respect of any particular goods or services, is defined in the Consumer Protection Act No. 68 of 2008 as:
 

1. a person to whom those particular goods or services are marketed in the ordinary course of the supplier's business;


2. a person who has entered into a transaction with a supplier in the ordinary course of the supplier's business, unless the transaction is exempt from the application of this Act by section 5(2) or in terms of section 5(3);


3. if the context so requires or permits, a user of those particullar goods or a recipient or beneficiary of those particular services, irrespective of whether that user, recipient or beneficiary was a party to a transaction concerning the supply of those particular goods or services; and


4. a franchisee in terms of a franchise agreement, to the extent applicable in terms of section 5(6)(b) to (e).

 

Click here for a copy of the Consumer Protection Act No. 68 of 20018

The Motor Industry Ombudsman of South Africa (MIOSA) and the South African Automotive Industry Code of Conduct (Code) was accredited by the Department of Trade and Industry on the 3rd October 2014. The Code was published in the Government Gazette on Friday, 17 October 2014, Notice 817, Government Gazette No. 38107(3) and as such has become a Regulation of the Consumer Protection Act No. 68 of 2008 and contributions payable to the MIOSA are now a legal requirement from the Automotive Industry.

The Automotive Industry as defined in the Code means: importers, distributors, manufacturers, retailers, franchisors, franchisees; suppliers ,and intermediaries who import, distribute, produce, retail or supply passenger, recreational, agricultural, industrial, or commercial vehicles, including but not limited to passenger vehicles, trucks, motor cycles, quad cycles , whether self-propelled or motor an internal combustion propelled engine for a boat, or import, distribute, manufacture, retail or supply any completed components and/or accessories to such vehicles, and/or renders a related repair or replacement service to consumers in respect of such vehicles; and trailers, and anyone who modifies, converts or adapts vehicles.

Download:

1. Consumer Protection Act No. 68 of 2008


2. South African Automotive Industry Code of Conduct