By KEDIBONE MOLAETSI 19 March 2026- The North West Department of Economic Development, Environment, Conservation and Tourism (DEDECT) has reiterated its commitment to protecting consumers and holding businesses accountable, following a successful intervention by the Consumer Affairs Office and Provincial Consumer Affairs Court in a dispute involving a consumer based at Lokaleng village in Mahikeng against a drilling company.
The case, concluded during World Consumer Rights Month, highlights the decisive role of the Provincial Consumer Affairs Court in providing redress and enforcing compliance with consumer legislation and ensuring that consumers are not exploited.
The North West MEC for DEDECT, Bitsa Lenkopane said Josephine Seitlhamo of Lokaleng village entered into an agreement with Francois Drilling (Pty) Ltd in November 2023, for the drilling of a 50-metre borehole, including installation of all necessary equipment. Lenkopane said Setlhamo paid R27 800 for the service.
“However, the company failed to meet its contractual obligations. The borehole was not drilled to the agreed depth and despite the company claiming that the work had been completed according to specifications and no water was found.
“The consumer was subsequently requested to incur additional costs amounting to R11 000 for casings. She objected to a payment of a further R4 500 for a cylinder pump, without any resolution to the problem,” she said.
Lenkopane further said an independent assessment later revealed that the borehole measured only 34 metres and had no water, contradicting the service provider’s claims and pointing to conduct that falls short of acceptable business standards and boarded around misleading, unfair and otherwise improper business practices. She added that after unsuccessful attempts to resolve the matter directly with the supplier, Seitlhamo lodged a complaint with the Consumer Affairs Office.
“Due to lack of cooperation and parties failing to reach an agreement during the mediation process, the matter was escalated to the Provincial Consumer Affairs Court. The Provincial Consumer Affairs Court summoned the company before it and it determined that it has violated the rights of the consumer by not offering the services required in terms of the contract.
“The service provider was charged for contravening Section 54 of the Consumer Protection Act by failing to provide quality service. The case was heard on 25 February 2026,” said Lenkopane.
She said during the hearing, Francois Drilling (Pty) Ltd undertook to drill a new borehole for Seitlhamo and to provide the necessary equipment on or before 5 March 2026. Lenkopane said the Consumer Affairs Court decided that should the undertaking not be complied with by Francois Drilling (Pty) Ltd, an order will be made for it to refund Seitlhamo an amount of R38 800.
“The undertaking was complied with as agreed, and on the 5 March 2026, a delightful Seitlhamo phoned the Consumer Protector to confirm that the new borehole was bored and that it is fully functional and yielding sufficient water, ending two years of suffering.
“The case underscores the realization and enforcement of consumer rights as envisaged by the Consumer Protection Act 68 of 2008, which prohibits misleading, unfair, and deceptive conduct by suppliers. This achievement ensures maintenance of a consumer market that is fair, accessible, efficient, sustainable for the benefit of consumers,” she said.
Seitlhamo suffered financial loss and prolonged inconvenience, having spent approximately R38 800 and relying on water tankers for an extended period due to the supplier’s failure to deliver on agreed services.
Speaking on the outcome, Consumer Protector, Seile Letsogo, emphasised the department’s firm stance against non-compliant businesses:
“This case demonstrates that the Provincial Consumer Affairs Court is an effective platform for redress and enforcement. We urge businesses to comply with the law and treat consumers fairly. Where there is evidence of prohibited conduct, we will not hesitate to act decisively to protect consumers and ensure that justice is served.
“The department has issued a stern warning to businesses operating within the province: non-compliance with consumer protection legislation and unethical business practices will not be tolerated. The department will continue to pursue enforcement measures, including administrative penalties, against those who violate consumer rights and engage in prohibited conducts,” he said.
Letsogo said consumers are encouraged to report unfair treatment and seek assistance from the Consumer Affairs Office, which remains committed to ensuring accessible, efficient, and fair redress for all.
The Guardian 