A Somerset West consultant is taking Elite Luxury Off-Road Vehicles to court over a defective caravan that allegedly caused numerous safety issues and financial loss. The case, grounded in the Consumer Protection Act, highlights the risks associated with defective goods.
Image: Elite Luxury Off-Road Vehicles website.
A damages claim arising from the alleged supply of a defective luxury off-road caravan is set to be tested in the Johannesburg High Court, where Brett Loubser is seeking compensation from Elite Luxury Off-Road Vehicles.
Loubser, a consultant from Heldervue in Somerset West, instituted action after purchasing a custom-built Ng’Ombe Off Roader 6.2 for R1 250 000. He took delivery of the caravan on April 4, 2023, but alleges that it was plagued by defects almost immediately.
Within two weeks of delivery, Loubser says he identified 14 issues. These included a shower that could not be used due to improper sealing, which caused water to leak into the caravan floor, an incorrectly mounted cabinet door in the toilet, a non-functional rear-view camera, a skewed outdoor kitchen slider, and the fact that the caravan had not been registered.
He reported the defects to the manufacturer, which agreed to undertake repairs. The caravan was returned in June 2023. However, during the return trip to Somerset West, further issues allegedly arose, including a geyser pipe that disconnected and flooded the caravan. Additional complaints included an awning that could not function properly in windy conditions due to the absence of guide ropes, an air leak in the suspension system, and a gas geyser that was not operational.
When Loubser used the caravan again in October 2023, he says he identified a further 11 defects. These included a failed exterior refrigerator, electrical system problems, and unresolved suspension issues. He also reported that the awning was difficult to deploy and dismantle.
Following repeated defects and repair attempts, Loubser cancelled the agreement, returned the caravan, and demanded a full refund. In November 2023, the manufacturer collected the caravan again to address what had by then escalated to 18 reported defects.
Among the most serious incidents cited by Loubser was the failure of the awning. While packing up at a campsite, a gust of wind allegedly caused the awning to break through the side wall of the caravan and collapse, narrowly avoiding injury to his children and others nearby.
According to Loubser, despite collecting the caravan, Elite Luxury Off-Road Vehicles refused to accept the cancellation of the agreement or to refund him. Instead, it proposed selling the caravan on his behalf, an effort that did not result in a sale.
Loubser’s legal representative, Trudie Broekmann, contends that the claim is grounded in section 61(1) of the Consumer Protection Act, which provides for strict liability in cases involving unsafe or defective goods.
“The improper manufacturing and assembly of the goods and the various components thereof, presented a significant risk of personal injury to any person, or damage to property when the caravan is utilised,” Broekmann states.
She argues that the manufacturer ought reasonably to have been aware of the defects, given its role in producing and supplying the caravan.
“Loubser’s claim for damages reflects the economic harm which he suffered due to the caravan failing to live up to Elite’s promises. Consumers are entitled to claim back their loss in terms of section 61 (1) of the CPA. Since the National Consumer Tribunal does not award damages, we have approached the High Court for Loubser,” Broekmann states.
In an effort to mitigate his losses, Loubser says he sold the caravan to WeBuyCars for R550 000 in April 2025. He now claims total damages of R756 695, comprising the difference between the purchase price and resale value, as well as repair costs of R56 695.
The manufacturer disputes the allegations. Owner Hugo Botha maintains that the caravan was repaired and restored following incidents during its use, including wind damage at a campsite and damage sustained while being transported on a low bed.
According to Botha, the caravan was returned to its original condition and showcased at roadshows in an attempt to secure a buyer. He states that the caravan, which was custom-built for a family of five with three bunk beds and a queen-size bed, received an offer of R1 million at one stage from the manufacturer, which Loubser refused.
He further claims that only minor cosmetic issues appeared (wrapping came off two cabinets). Then we discovered it had been taken to another company to be sold for R1.4 million.
"All the defects he mentioned were small issues that had already been sorted. From the beginning, he knew the caravan was top-notch. I am not happy about the court case, and we believe in our products. He had the opportunity to get rid of the caravan; we even had an offer for him of R1 m. Why does it take him 8 months to sue? Everything was repaired by February. Why did he wait until August to sue? Why not sue earlier if that vehicle was not working?" he says.
The matter is expected to proceed to mediation before being heard in court.
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