Ford in dock soon over Kuga fires
● Ford faces probable prosecution for violating SA’s Consumer Protection Act over its handling of the Kuga SUV fire deaths and the treatment of its customers.
Following a two-year investigation, the National Consumer Commission (NCC) will ask the consumer tribunal for the company to be prosecuted.
The tribunal is an administrative authority and can impose fines and determine liability for consumers.
Ford said it had not received any notification from the NCC.
NCC spokesperson Trevor Hattingh said its investigation was complete after it made adverse findings against Ford.
“The fine that can be imposed on a company is 10% of its annual turnover,” said Hattingh. Ford would not be able to appeal against the findings but could respond during a tribunal hearing, he said.
“Our application to prosecute the company is being prepared and should be ready for filing with the tribunal in three weeks.”
In January 2017, Ford was forced to recall about 4,556 SUVs. Since then it has had two safety recalls.
The investigation was prompted after the family of Reshall Jimmy, who burnt to death in his Kuga in December 2015, collected complaints from dozens of Kuga drivers who were ignored by Ford after their cars caught alight.
Ford is the subject of an inquest into Jimmy’s death. The hearing is in the Western Cape High Court. Jimmy’s family believes he died because of an electrical fault with the vehicle’s wiring. Ford disputes this.
Over the past two years about 80 Kugas have caught fire in SA.
Hattingh said the Jimmy family and all other complainants could read the final NCC report once the application to prosecute Ford had been filed with the tribunal.
Jimmy’s sister, Renisha Jimmy, who has led the Kuga owners’ fight against Ford, said the family was delighted with the decision. “The NCC has done right by the consumers. All the effort we put into getting people’s complaints to the NCC has paid off. This was about fighting for people’s rights, including their right to drive safe vehicles, and ensuring there is justice for Reshall.”
Consumer protection lawyer Janusz Luterek said that to appear before the tribunal for prosecution was a serious matter.
“The tribunal cannot be ignored. To do so will see a company criminally prosecuted.
“The tribunal can issue fines which run into hundreds of millions and sometimes billions of rands.
“If [a company is] found liable, the tribunal issues a certificate of liability which consumers then take to a high court for a judge to determine the amount the company needs to pay in compensation,” he said.