We frequently receive queries from members pertaining to registration with the Motor Industry Ombudsman (MIOSA) and we would like to provide our members with accurate information in that regard.
On 17 January 2015 the South African Automotive Industry Code of Conduct and the accreditation of the alternative dispute resolution scheme administered by the MIOSA as an accredited industry Ombudsman came into effect in terms of the Consumer Protection Act (CPA).
The Code resulted from collaboration between all stakeholders in the Automotive value chain and submitted to the Minister of Trade and Industry by the National Consumer Commission (NCC) for implementation. Whilst the published Code does not reflect entirely what was submitted to the Minister, it does regulate relations between persons conducting business in the Automotive Industry and their consumers.
The Code provides for alternative dispute resolution between consumers and all participants in the motor industry and creates an industry ombud that provides these services. The Code applies to the entire Automotive Industry (excluding filling- and or service stations, and vehicle testing stations) irrespective of membership of any Automotive Industry Association and has been published as a regulation which will form part of the CPA, promulgated in 2008.
The Code is therefor binding for the whole of the Automotive Industry which, for purposes of 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, motorcycles, quad cycles, boats and trailers;
-Importers, distributors, manufacturers, retailers or suppliers of completed components and accessories for vehicles;
-Anyone rendering a related repair or replacement service on vehicles to consumers;
-Anyone who modifies converts or adapts vehicles.
Non-registration and payment can therefor result in interest penalties payable and may be added to the list of non-payment offenders which will be submitted to the National Consumer Commission, the Provincial Courts, the National Consumer Tribunal and the Minister of Trade, Industry and Competition, for follow up.
We therefor urge our members, as good corporate citizens and in the spirit of good corporate goevernance to comply with the statutory requirement to register with and pay the prescribed levies to MIOSA.
For more info, please listen to the podcast on the topic of the MIOSA here: 13. The Motor Industry Ombudsman – Retail Motor Industry Organisation (rmi.org.za)
For more information MIOSA can be contacted at:
Tel: 010 590 8378
Fax: 086 630 6141
Alternatively members can contact their regional offices for more information.