Consumer Protection in Motion: Product Liability and the CPA at Work

On 7 April 2025, the National Consumer Commission (NCC) issued a public advisory confirming the recall of Mercedes-Benz GLE (W167) vehicles produced between 2022 and 2026. The reason for the recall was a defect in the high-voltage starter-alternator processor. This defect could cause an irregular overload, potentially deactivating the starter generator and abruptly cutting off propulsion power—posing a serious safety risk to drivers, passengers, and other road users.

Neighbouring countries such as Eswatini, Botswana, Namibia, and Lesotho also received some of the affected vehicles. In those jurisdictions, consumers must rely on their respective national consumer protection laws. In South Africa, however, the Consumer Protection Act (CPA) establishes clear consumer rights in relation to defective goods. Section 55 of the CPA stipulates that goods must be of good quality, in proper working order, free of defects, and suitable for their intended purpose.

Mercedes-Benz South Africa’s offer to repair or replace the faulty component at no cost aligns with its obligations under the CPA. Section 60 of the Act imposes a duty on producers or importers to notify the NCC of hazardous goods and initiate a recall where necessary. The recall notice issued by Mercedes-Benz, together with the NCC’s advisory, demonstrates compliance with these provisions. The NCC is also empowered under this section to monitor the recall to ensure public safety.

Section 61 of the CPA establishes strict liability for any harm caused by defective goods. This means that manufacturers, importers, distributors, and retailers may be held jointly and severally liable for any damages suffered by consumers, including personal injury, property damage, or financial loss.

The export of affected vehicles to neighbouring SADC countries underscores the importance of cross-border consumer protection. Customers in those countries must turn to their own national laws for recourse. South African consumers, however, are urged to check with a Mercedes-Benz dealer whether their vehicle is affected by verifying the Vehicle Identification Number (VIN). If so, they are entitled to a free inspection and repair. It is also advisable to retain all relevant documentation in case of future claims under Section 61.

Ultimately, this recall demonstrates the effectiveness of the CPA in protecting South African consumers. It highlights both the legal remedies available in cases involving defective goods and the potential liability of parties in the supply chain. Affected consumers are encouraged to consult legal practitioners for advice on immediate remedies and possible claims for damages. Where necessary, legal assistance should be sought to ensure the enforcement of consumer rights and full compliance by suppliers.