The government has rewritten the rulebook for complaints against dealers, workshops and carmakers for the first time in 12 years. Suppliers now face stricter deadlines and a direct line to the National Consumer Commission if they ignore the Ombud. The big weakness is still there, though.
If you’ve ever spent weeks chasing a dealership over a gearbox that isn’t right, a service bill that doubled, or a “fully checked” used car that broke down on the drive home, this one is for you.
On 11 November 2026, the Department of Trade, Industry and Competition (DTIC) gazetted the South African Automotive Industry Code of Conduct, 2026. It takes effect on 1 December 2026 and replaces the code from October 2014 that has governed motor-industry complaints since the Motor Industry Ombudsman of South Africa (MIOSA) was first accredited.
Read more: The Motor Industry Ombudsman of South Africa – In-depth Q&A
Minister Parks Tau also re-accredited MIOSA as the industry’s official dispute-resolution scheme under section 82 of the Consumer Protection Act (CPA).
It isn’t a revolution. But it’s the most important change to how car buyers and owners complain in over a decade, and most motorists won’t know it has happened. Here’s what you need to know.
Who the new code covers
The short answer is almost anyone who makes money from your car. The code defines the “Automotive Industry” very broadly. It includes:
- Manufacturers, importers, distributors, franchisors and dealers, both franchised and independent.
- Parts makers and retailers, with “completed components” listed in detail: brakes, clutches, shocks, batteries, tyres, ECUs and more.
- Repair and replacement services, which means your local workshop and fitment centre too.
- Anyone who modifies, converts, adapts or tows vehicles.
“Vehicle” is just as broad. It covers passenger cars, bakkies, trucks, trailers, caravans, motorcycles, quads and even boat engines. The definition of “completed components” also names petrol, diesel, hydrogen, gas and batteries for electric and fuel-powered vehicles. That’s a nod to where the market is heading.
One small detail matters a lot for used-car buyers: the code says a “used vehicle” includes demo vehicles. If you bought a “nearly new” demo car, you are dealing with a used car under this code.
What changes: the draft compared with the final code
The industry put a draft out for public comment in May 2025 (Notice 6179 of 2025). Comparing that draft with the final gazetted version shows which way the DTIC and the National Consumer Commission (NCC) pushed the wording. Mostly, they made it firmer.
| Issue | May 2025 draft | Final 2026 code (from 1 December) | Why it matters to you |
|---|---|---|---|
| Industry’s duty to obey the CPA | Industry “will at all times endeavour to comply” | Industry “must at all times comply” | “Try” became “must” |
| Going to the Ombud after 30 days | Consumer “may approach MIOSA” | Consumer “must approach MIOSA”. MIOSA is described as a “mandatory” ADR scheme | The Ombud is now clearly the official next step |
| Supplier stalls on your complaint | Supplier must respond substantively within 10 days, then explain if it can’t resolve within a further 10 days | Supplier must respond substantively in writing within 10 days, then explain in writing if it can’t resolve within 30 days after that. If it says in writing that it can’t resolve the complaint, the 30-day period counts as finished | Dealers get more time, but they can’t string you along without explaining why |
| Supplier ignores MIOSA | MIOSA ends its mandate and keeps a list of “non-co-operative suppliers” | Ignoring more than one request is deemed non-compliance with the code. MIOSA must refer it to the NCC to investigate and send the NCC a quarterly list of non-compliant businesses | Ignoring the Ombud now puts the business at risk of NCC action |
| Technical expert reports | Paid by the party who asks for one | MIOSA’s own expert report is at MIOSA’s expense. A second, extra expert is paid by whoever asks for it | The cost of a technical opinion no longer has to block a complaint |
| How MIOSA acknowledges your complaint | Within 2 business days by phone, fax or email | Within 2 days by phone, WhatsApp or email | A small change, but it matches how people communicate in 2026 |
| Making a settlement stick | Can be made a consent order by the Tribunal or the High Court | Can be submitted to the National Consumer Tribunal as a consent order under section 70(3) of the CPA | A settlement you both agree to can be made enforceable |
How a complaint works from 1 December
The code sets out the process step by step. “Days” in the code means business days, so weekends and public holidays don’t count.
| Step | What happens | Deadline in the code |
|---|---|---|
| 1. Complain to the business in writing | Send your complaint to the dealer, workshop or supplier (or its trade association). It must give you a written acknowledgement | — |
| 2. The supplier’s substantive reply | It must reply properly, in writing | 10 business days |
| 3. Resolution attempt | If it can’t resolve the complaint, it must tell you why, in writing | 30 business days after its reply |
| 4. Escalate to MIOSA | Fill in MIOSA’s Assistance Request Form and attach all your documents | “Within a reasonable time” |
| 5. MIOSA acknowledges | By phone, WhatsApp or email | 2 business days |
| 6. The supplier answers MIOSA | It files its version with the Ombud | 10 business days |
| 7. MIOSA resolves | Once MIOSA has all the documents it needs | 30 business days |
| 8. Recommendation after an enquiry | If a hearing was needed | 10 business days after the enquiry |
| 9. Still not resolved? | MIOSA issues a certificate, and you can take the matter to the NCC | — |
Two more points are worth knowing. You can skip the supplier and go straight to MIOSA if approaching the business first would cause you “undue harm or prejudice”. And every business covered by the code must display a notice at its premises saying the code binds it. If you ask, it must give you its complaints contacts and MIOSA’s details free of charge.
What MIOSA can’t do
This is where the new code is disappointing. MIOSA’s recommendations are still not binding. The code says so plainly: they “will guide the parties towards resolution of the dispute”. The Ombud also has no power to rule on product liability, award damages, deal with class actions, or take a case that is already in court (unless MIOSA received the complaint before legal action started).
The three-year prescription rule still applies, so don’t sit on a problem. Businesses with an annual turnover or asset value above the CPA threshold (the form refers to R2 million) can’t use MIOSA as consumers either.
In practice, a dealer or carmaker that is set on saying no can still ignore MIOSA’s recommendation. Under the new code it can’t ignore MIOSA itself without consequences, because that now goes to the NCC. That’s a real improvement, but it falls well short of an ombud that can make binding rulings.
Our verdict
It’s a step forward, but it still doesn’t have enough teeth.
The best changes are practical. MIOSA now pays for its own expert reports. “Endeavour” became “must”. Businesses that ignore the Ombud get reported to the NCC every quarter. And because demo cars count as used cars, buyers know where they stand. For the many motorists stuck in a he-said-she-said fight with a workshop, a free, independent technical report could make all the difference.
The DTIC has missed the chance to deal with the biggest complaint people have had about MIOSA since 2015, which is that it can only make recommendations. Until a MIOSA recommendation carries real weight, the NCC and the National Consumer Tribunal are still the only bodies that can force a reluctant dealer or carmaker to act. And getting there takes months, not days.
Our advice: from 1 December, put everything in writing, write down every date and count business days. The code finally gives you deadlines you can hold businesses to. Use them.
Have a dispute with a dealer or workshop? Read our explainer, Bought a ‘problem car’? Here are your options, and our earlier in-depth Q&A with the Motor Industry Ombudsman.
MIOSA contact details (from the gazetted form): call 010 590 8378 or email info@miosa.co.za
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