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Toyota SA case: Free State woman remains defiant despite court ruling

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<I>Image: AP / Joshua Paul</I>
<I>Image: AP / Joshua Paul</I>
Joshua Paul

Bloemfontein - Elmarie Wepener (53) says she won't let sleeping dogs lie despite being ordered by a High Court in Bloemfontein to leave Toyota SA alone and not say another word against the automaker.

Netwerk24 reported on Wednesday (August 30) that Wepener, from Wesselsbron in the Free State, was ordered by a judge to stop "harassing" Toyota SA. 

Now, Wepener is seeking legal representation to take her case further against the automaker.

Free State woman must leave Toyota SA alone - court rules

Netwerk24 reported on Thursday (August 31) that she has six weeks to react to the Court order or she will have to comply to a legal "decree of perpetual silence".

The debacle follows a High Court order issued by judge Corne Van Zyl over a guarantee on a Mitsubishi Colt bakkie she had purchased in 2006 at Hugo & Hugo Toyota in Vredenburg.

Wepener says she will continue to push her case and told Netwerk24: "Not just for myself, but for others too."
 
Wepener is not allowed to express opinions regarding the case and may not "publish defamatory comments, threaten or harass Toyota employees or interfere with Toyota's operations" said judge Corne Van Zyl. Van Zyl ordered that Wepener remove all posts on Facebook or any websites. She also has to pay Toyota's legal costs. 

Netwerk24 reports that if Wepener does in fact pursue legal action, she is not allowed to contact anyone at Toyota SA and will only be allowed to communicate with the automaker's lawyers.

Wepener says it has cost her more than R40 000 to repair the Colt bakkie at Toyota Wesselsbron which had led her to pursuing legal action against the automaker.


Do you agree with the court ruling in this case? Have you been involved in a legal battle with an automaker in SA? Share your story with us.


Netwerk24 reported that in addition to the bakkie, she purchased an extended guarantee until January 27, 2008. The bakkie then suffered mechanical issues which cost R40 000 to repair at Toyota Wesselsbron.

She refused to pay and a lawsuit was issued against her. Early in 2010, she threatened Toyota South Africa with legal action. Nothing was heard from her for the next four years.

She then called Toyota's head office in Sandton. A letter followed with a claim of R33m for loss of income, travelling costs, legal fees, medical costs and damages for defamation. 

Audi R8

A flood of calls, emails, Facebook posts as well as claims for new vehicles to replace her bakkie followed.

She had quotes for an Audi R8 to the value of R3.4m and a Bentley (R3.2m) sent to Toyota, reports Netwerk24. At one stage she also threatened to go to Welkom – in a taxi – to purchase a new car for herself at Toyota's cost.

By August 2016, her claim had risen to R56.8m, reports Netwerk24.

Toyota explained to her that they weren't involved in the guarantee contract and referred her to the ombudsman, which didn't satisfy Wepener. Van Zyl ruled that her claims were unfounded and provoking.

Click here for more stories by Netwerk24

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