When the Wheels Fall Off: Gauteng Woman Wins Tribunal Case After Car Tyre Explodes Same Day of Purchase

She had not even made it to 70 kilometres before the accident. What followed was a battle for justice that has raised serious questions about used car sales in South Africa.

Buying a car should be a milestone, especially after months of saving and planning. But for Nelisiwe Marget Khumalo, a Gauteng resident who purchased a second-hand 2014 Kia Rio in 2023, it turned into a nightmare before the ink had even dried on the paperwork.

Just 67 kilometres after driving her newly bought vehicle off the lot, the right rear tyre exploded. The vehicle was written off, Khumalo received no insurance payout, and she was left to fight for justice on her own.

Now, following a ruling by the National Consumer Tribunal, the dealerships responsible for the sale have been found to have violated her consumer rights. And the entire case hinged on the shocking discovery of one dangerously old tyre.

A Sale Gone South: The Tyre That Changed Everything

Khumalo paid nearly R150,000 for the vehicle. The transaction was completed at Wiz Link, although the paperwork listed Automax George.

Initially, the purchase seemed routine. But the post-sale accident uncovered a disturbing detail: the tyre that failed was 13 years old (well past any acceptable industry standard for road safety).

To make matters worse, Old Mutual iWYZE, Khumalo’s insurer, repudiated her claim. Their reasoning? The vehicle was not roadworthy at the time of the accident.

Taking It to the Tribunal

Unwilling to accept the loss, Khumalo escalated her case to the National Consumer Tribunal. She presented an expert report confirming that the tyre’s advanced age and condition had caused the blowout.

Her argument was clear: the car was not safe to drive the moment she bought it, and the dealerships had sold her a product that violated her right to a safe, defect-free vehicle.

In response, the dealerships pushed back. They claimed she may have contributed to the accident through driver error and pointed to a valid roadworthy certificate issued at the time of sale. They also tried to deflect responsibility onto the testing centre that issued the certificate.

Tribunal Verdict: A Landmark Win for Consumers

The tribunal rejected the dealerships’ defence.

After reviewing the evidence, including the expert report from Old Mutual iWYZE, the tribunal ruled that Khumalo’s rights under Section 55(2) of the Consumer Protection Act had been violated. That section ensures all goods must be:

• reasonably suitable for their intended purpose,

• of good quality and in working order, and

• durable for a reasonable period.

The tribunal concluded that the defective tyre posed an extreme risk to personal safety and that Khumalo had been denied the ability to enjoy the product she purchased.

Image 1: Avo Auto

Why This Ruling Matters

The tribunal didn’t award damages; it clarified that only a civil court can handle compensation, but the finding itself is significant.

In a country where many consumers buy used vehicles due to affordability, this case reinforces that roadworthy certificates aren’t always enough and that dealerships remain accountable for the actual condition of the vehicle.

It also sends a message to consumers: you do have recourse when your rights are infringed, even if the product has already failed.

Social Reaction: Public Backing for Khumalo

Social media users have responded with outrage and support.

Comments online described the sale of a car with a 13-year-old tyre as “reckless” and “criminal.” Some users called for stricter inspection laws for used vehicles, while others questioned how roadworthy certificates are issued without checking tyre age.

As one X (formerly Twitter) user put it:
“A 13-year-old tyre? That’s criminal. This case could save lives if it sets a standard.”

What You Should Know Before Buying a Used Car

If you are in the market for a second-hand vehicle in South Africa, here are some smart steps to take:

• Check the tyre age. Anything over six years can pose a risk, regardless of tread.

• Ask for complete service and inspection records.

• Do not rely solely on a roadworthy certificate.

• Use reputable dealerships, and insist on an independent inspection if needed.

Khumalo’s case is a reminder that what you don’t see can hurt you, and that a little extra vigilance could make all the difference.

Also read: Telkom’s Email Scare: What Really Happened and Why It Matters

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Source: IOL

Featured Image: Pexels