Consumer Protection Act, 2008 (Act No. 68 of 2008)

Notices

South African Automotive Industry Code of Conduct

Part B : Alternative Dispute Resolution

Schedules

Schedule 2 : MIOSA complaints process
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Stage 1 - Laying of First Complaint

 

1.A consumer who has a complaint is advised to address the query in writing to the supplier and/or trade association to which the supplier subscribes.

 

2.The supplier must provide the consumer with a written acknowledgement of receipt of any complaint submitted to it.

 

3.The supplier may endeavour to resolve the dispute directly with the consumer. In this regard the supplier will respond to the query substantively, in writing, within 10 (ten) days of receipt of the query. If the supplier is unable to provide a substantive response or resolve the matter within 10 (ten) days thereafter, the supplier shall communicate this to the consumer and provide reasons to the extent possible in writing.

 

4.If the query is not resolved within the time period as mentioned in clause 2 above or such period as the parties may agree to in writing:
4.1the consumer shall file a complaint, in writing, with the office of the MIOSA by facsimile, e-mail or pre-paid registered post, stating the nature of the complaint and dispute as well as the action required and expected outcome;
4.2copies of all relevant documentation shall accompany the complaint.

 

5.If a consumer requires assistance in understanding the procedures to conduct a dispute with the MIOSA, the MIOSA will assist the consumer in this regard.

 

Stage 2A - Lodging a Complaint with Motor Industry Ombud

 

6.        A complainant who:

6.1referred a complaint to a supplier, and who is dissatisfied with the manner in which the supplier is dealing with it, or how it has been dealt with or with the outcome thereof, or
6.2has not approached the supplier as this would cause or be likely to cause the complainant undue harm or prejudice,

may refer the complaint to the MIOSA.

 

7.The complainant must refer the complaint to the MIOSA within a reasonable time.

 

8.Receipt of each complaint should be acknowledged to the complainant within 2 (two) business days of receipt thereof by way of phone, facsimile or e-mail.

 

9.The supplier shall file its substantive response with the MIOSA within 10 (ten) days of receipt of the complaint as provided in clause 7. If the supplier is unable to provide a substantive response within 10 (ten) days, the supplier must advise the MIOSA and provide acceptable reasons.

 

10.All communication between the parties and the MIOSA regarding the dispute must be in writing, unless alternative arrangements have been agreed between the parties, in writing.

 

11.After receipt, an initial assessment must be made of each complaint to ascertain whether it falls within the jurisdiction of the MIOSA.

 

12.The MIOSA shall be entitled to request further particulars from the parties. The parties shall provide all relevant information to each other and the MIOSA to deal with the query within 10 (ten) days of such a request. If oral evidence is necessary to resolve the dispute:
12.1the MIOSA shall request the parties to attend a hearing on not less than 10 (ten) days prior written notice;
12.2attendance at the hearing shall be at each party's own expense;
12.3the languages of MIOSA shall be English and isiZulu and if requested and at the requesting party's expense, arrange for an interpreter for any other language to be present;
12.4either party shall be entitled to be represented by a suitable party, including a legal representative, with the permission of the MIOSA, to make submissions and cross examine the other party and witnesses at the hearing.

 

13.All decisions fall exclusively within the discretion of the MIOSA.

 

14.An up-to-date status should be made available to both the complainant and the supplier at least at the time of pre-set deadlines.

 

Stage 2B - Referral by the MIOSA

 

15.The MIOSA may refer a complaint to any supplier within the supply chain, or to all suppliers within the supply chain, as the MIOSA considers appropriate in the circumstances.

 

16.Once the decision has been made to refer the complaint, it must be referred to the relevant party, body or institution within 10 (ten)days of it being received by MIOSA.

 

17.The MIOSA, and to the extent the MIOSA considers it necessary, will provide the supplier concerned with full details of the complaint, including copies of relevant documentation as submitted to MIOSA.

 

18.The MIOSA shall keep a register of all the complaints it refers to the suppliers, as well as the appropriate tracking mechanisms and records - to ensure that all of the complaints are able to be tracked at any time and are eventually addressed.

 

Stage 3 - Resolution by MIOSA

 

19.The supplier must acknowledge receipt of the notification within 10 (ten) days and may do so by letter delivered by hand or sent by post, telefax or e-mail.

 

20.The MIOSA shall first attempt to mediate the dispute between the parties. If mediation fails to resolve the dispute the MIOSA shall issue a certificate to that effect to the parties.

 

21.Proceedings may be recorded at the request of a party, provided the requesting party tenders the costs of the recording, payable to the MIOSA at least 10 (ten) days before the hearing takes place.

 

22.The MIOSA will present its decision within 10 (ten) days of conclusion of the proceedings. The MIOSA is allowed to provide its decision in writing and deliver the findings to the parties' chosen addresses.