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

Notices

South African Automotive Industry Code of Conduct

Part B : Alternative Dispute Resolution

17. Jurisdiction of the MIOSA

 

17.1 The authority of the MIOSA to resolve disputes is acquired from this Code and the Act.

 

17.2 It should be noted that the MIOSA does not have jurisdiction in respect of any dispute:
17.2.1 which falls within the exclusive mandate of any other Ombudsman;
17.2.2 which has prescribed in terms of the Prescription Act
17.2.2.1 the period of 3 (three) years commences on the date on which the complainant became aware or ought reasonably to have become aware of such occurrence, whichever occurs first;
17.2.3 which requires the determination of merits and the quantum of damages;
17.2.4 which requires the Ombud to act as arbitrator in the above mentioned circumstances;
17.2.5 where a class action must be determined;
17.2.6 where legal action has been instituted by either party unless such complaint was received by the MIOSA before such legal action was instituted;
17.2.7 where it appears that a criminal offence has been committed by either party, in which event the MIOSA will only deal with the facts outside the ambit of the suspected criminal offence;

 

17.3 Limits on the MIOSA's jurisdiction:
17.3.1 The MIOSA may not consider a complaint or dispute that relates to a juristic person as a consumer whose asset value or annual turnover equals or exceeds the threshold (limit) being the amount as determined by the Minister by regulation issued in terms of section 5(2) of the Act, from time to time;
17.3.2 The MIOSA may not make a finding on product liability.