Right to repair in South Africa: what it means for panel shops

When South Africans talk about right to repair for cars, they mean the Competition Commission's Guidelines for Competition in the South African Automotive Aftermarket. The first version took effect on 1 July 2021. A revised version was gazetted on 4 October 2024 and has applied since 27 March 2025.

They're guidelines under section 79 of the Competition Act. They don't bind the Commission, the Tribunal or the Competition Appeal Court, but anyone interpreting the Act must take them into account, and the Tribunal considers them when it sets a penalty. Cases are brought under the Act's prohibitions; the guidelines show how the Commission reads them for the motor trade.

The biggest change for independent shops is warranty work. Who may do it depends on what the work is and who pays for it:

Independent shops that do in-warranty work take on three duties:

• Record the work in the service book, paper or electronic, with the date and who did it (5.4.5).
• Tell the customer clearly that damage caused by your work may void some of the manufacturer's warranty obligations (5.4.6).
• Tell the customer whether you carry adequate commercial insurance (5.4.7).

Damage your work causes risks voiding only the warranty provisions it affects; the rest may survive, and the manufacturer may assess the damage at its own cost (5.4.8 and 5.4.9).

For out-of-warranty work, insurers send claims to their own panels of approved repairers. The guidelines set out what insurers owe repairers who want to join:

Manufacturers appoint their own approved body repairers for in-warranty work. Under clause 6.9 they must take steps to bring in new repairers, preferring firms owned by historically disadvantaged people; should approve any applicant that meets their standards, case by case; may not tie a repairer to an area exclusively; and shall not appoint a repairer for more than five years or keep renewing in a way that unreasonably shuts others out.

Unlike insurers, manufacturers aren't required to publish their body repairer criteria or give reasons when they turn a repairer down. Expect a bigger investment in equipment and training than for an insurer panel: the Commission notes that insurers' standards are less stringent than manufacturers'.

One example: after independent body repairers complained in 2021 and 2022, BMW South Africa undertook to replace open-ended agreements with its approved repair centres with fixed terms of a few years, and to require its dealer-owned network to reach at least 51% black ownership and B-BBEE level 4.

• Original parts: manufacturers and dealers shall sell original parts to independent shops for repairs. They may set conditions only for security-system parts, may not restrict what independents buy, but may stop them reselling (10.9).
• Non-original parts: during the warranty, owners can have original or legitimate non-original parts fitted at any provider. Damage the parts cause can void the provisions it affects, so warn the customer and record the work (10.8).
• Suppliers: manufacturers may not make deals that stop parts and tool makers selling to independent shops, apart from intellectual property and security items, and may not set minimum retail prices (10.9.5 to 10.9.8).

Non-original parts here means legitimate, traceable parts with a maker's warranty. Counterfeits are excluded.

Manufacturers must give independent shops technical information on reasonable terms, for fees no less favourable than their approved dealers and repairers pay (12.2.1). Clause 12.2.3 lists what that includes:

• Vehicle identification and service books, including electronic ones.
• Repair manuals, component and diagnosis information, and wiring diagrams.
• Fault codes, calibration identification and test data.
• Information delivered through diagnostic tools, and operating software.
• Part numbers on quotations and invoices (12.2.3(k)).

Security and coding information is included but can depend on the manufacturer's accreditation, and the manufacturer may ask for a confidentiality undertaking (12.2.2 and 12.2.4). Training must be available to independent shops' staff on request, at no more than dealer staff pay, including structural repair methods (12.3.1).

1. 1

   Ask insurers for their standards and list

   Before you apply to a panel, ask for the published accreditation standards (7.8.3) and the list of approved repairers (7.8.6).
2. 2

   Ask for reasons in writing

   If an insurer turns you down, ask for the full reasons the guidelines require it to disclose, in writing, then fix what they name and apply again.
3. 3

   Ask manufacturers in writing

   Request technical information and training in writing, citing clauses 12.2.1, 12.2.3 and 12.3.1. Expect the network's fees, accreditation for security functions and possibly a confidentiality undertaking.
4. 4

   Do in-warranty work by the book

   Record it in the service book and give the customer the written warranty and insurance disclosures every time.
5. 5

   Complain to the right body

   Anti-competitive conduct: the Competition Commission, on Form CC1. A consumer's dispute with a supplier: MIOSA or the National Consumer Commission. A dispute with an insurer about a claim: the National Financial Ombud Scheme.

In a 2025 reply to Parliament, the Department of Trade, Industry and Competition said the Commission had received 59 complaints since July 2021, most about defects after purchase, service and payment disputes, independent shops' access to manufacturers' technical information, and voided warranties. Seven insurers covering about 80% of the motor market told the Commission in 2024 that they had onboarded 350 repairers owned or operated by historically disadvantaged people since July 2021.

The Commission's own 2023 survey drew 212 responses, 83% of them already aware of the guidelines; independents still reported manufacturers not complying on technical information. Complaints have led to changes without a formal case: Subaru South Africa told its dealers to show part numbers on every quotation, and Nissan South Africa agreed to unbundle service plans from vehicle prices.

Insurer panels are where most independent shops' insurance work comes from. Our guide to getting insurance work covers what insurers ask for and how to prepare.