How can the motor ombudsman help you?

Did you know that if you have a dispute with someone in the automotive industry, you can reach out to the Motor Industry Ombudsman of South Africa (MIOSA) for assistance?

We have a look at what this ombud does, and whether it will assist you if you feel your mechanic is cheating you. We also consider the documents you will require should you need to lay a complaint, along with some useful tips.

Tip: Never drive an uninsured car. Get a car insurance quote now. 

What does the motor ombudsman do?

Lucious Bodibe, senior adjudicator at MIOSA, says that they’re an accredited ombudsman scheme that provides impartial and independent alternative dispute resolution. In other words, they help untangle complaints that have reached a deadlock between consumers and South African automotive industry participants.

“The Information and Liaison Centre serves as the first call to resolution,” says Bodibe, “as it processes requests for assistance and provides advice to both consumers and the automotive industry. Both parties can also call this centre to enquire about the progress of their cases.

“In our endeavour to give consumers more access to our service, we have launched an online application system. This system generates a reference number instantly and gives you the name and the email address of the person to whom your complaint has been assigned,” he explains. 

Since the launch of this system, Bodibe says, response time and complaint duration have improved tremendously. According to MIOSA's annual report, they received 6,950 new complaints, of which 4,554 were lodged online.

“According to the stipulations of the South African Automotive Industry Code of Conduct, MIOSA will determine the outcome of a dispute within 30 days, starting from the date it receives all of the necessary documentation,” says Bodibe.

“However, it can sometimes be a waiting game to collect the required documentation from everyone involved. As the complexity of each complaint differs, it may take a little longer or shorter to process,” he adds.

What if you have a dispute with your mechanic?

Bodibe says it’s important that, prior to engaging a mechanic, consumers research their profile to ensure that they’re part of a registered business and fully compliant with the South African Automotive Industry Code of Conduct.

In the event of a complaint, he explains, the code requires that a service provider make every reasonable effort to resolve a complaint within 30 days.

“On the same note, it’s only fair that the consumer must allow the service provider a chance to remedy the situation, and only approach MIOSA should the matter in contention reach a deadlock,” says Bodibe.

Documents and advice for laying a complaint

Bodibe says that MIOSA always advises consumers to keep records, such as quotations, job cards, and final tax invoices, when they interact with service providers.

He explains that the following documents must accompany a service or repair complaint:

• A copy of the quotation,
• Job cards, and
• The final tax invoice.

“Remember that a quotation bears your instruction, as well as the cost of labour and parts. The job card, on the other hand, will indicate the type of diagnosis and some of the hidden defects,” says Bodibe.

“If a service provider discovers hidden defects, they have a duty to inform you and provide a written quote before additional work is carried out. You can then either accept or reject the quote in writing,” he explains.

A sales complaint must be submitted together with the following documents:

• A copy of the offer to purchase,
• A copy of the National Administration Traffic Information System (NaTIS) document – indicating whether a vehicle is sold new or used, and
• A delivery note, or a release document, that the seller signs when delivering the vehicle.

“If, for example, the selling dealer cannot supply a spare key at the point of sale, and they promise to deliver it at a later stage, we recommend that a record be made on the delivery note so that the dealer does not renege on their promise,” says Bodibe.

He explains that all of these documents can be used as evidence in the event of a dispute. If the agreement is made telephonically, he advises that you confirm the details via email to create a paper trail.

MIOSA’s Information and Liaison Centre operates from Monday to Thursday between 8.30am and 4.30pm, and on Friday between 8.30am and 4pm.

Are you driving around without insurance? Don’t take that risk. Get a quote today.