The Motor Industry Ombudsman of South Africa v Silver Park Motors CC t/a Silverton Motors and Another

The Motor Industry Ombudsman of South Africa (MIOSA), accredited under s 82 of the Consumer Protection Act 68 of 2008 (CPA) and the South African Automotive Industry Code of Conduct, inspected the premises of Silver Park Motors CC, a fuel retailer trading as Silverton Motors. MIOSA contended that Silver Park Motors was required to register as a retailer under the CPA and the Automotive Code and to contribute financially to MIOSA because it sold fuel, engine oils, and vehicle-related products which MIOSA alleged were 'accessories' to motor vehicles. Silver Park Motors refused to register, arguing that it was not part of the automotive industry as defined in the Code. MIOSA sought a declaratory order in the Gauteng Division of the High Court that Silver Park Motors fell within the definition of the automotive industry. Silver Park Motors opposed and launched a counter-application challenging the validity of mandatory contributions under the Code. The High Court dismissed MIOSA’s application, holding that Silver Park Motors was not a retailer or supplier of accessories under the Code. MIOSA appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, confirming that Silver Park Motors CC is not required to register under the Automotive Industry Code of Conduct or contribute to the Motor Industry Ombudsman.

This judgment provides authoritative clarification on the scope of the South African Automotive Industry Code of Conduct and the meaning of 'accessories' within the automotive industry. It delineates the boundaries between different industry codes under the Consumer Protection Act and confirms that fuel retailers are regulated under the Consumer Goods and Services Industry Code rather than the Automotive Code. The case is significant for statutory interpretation and for defining the jurisdiction of industry ombuds under s 82 of the CPA.