Ford under fire as Kuga coolant calamity rages

As Ford Kugas continue to burst into flames at an alarming rate in the country, the National Consumer Commission (NCC) and Ford South Africa are preparing to make "a major announcement" tomorrow.

Rumour has it that this could be the long-called-for recall.

Dino Metaxas's Kuga was the latest to catch fire yesterday, bringing the tally to 47.

He was heading for the Mall of Africa in Midrand with his parents and daughter when he saw smoke coming from the engine, followed by flames.

"It was incredible. I thought: 'Seriously? Me too?'"

Despite growing demands for Ford South Africa to recall the affected model, the company has so far only urged owners of 1.6-litre Ford Kugas to have their coolant systems checked.

But the "safety check" process has been flawed.

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Thembalethu Dladla, from Bethlehem, took his Kuga to Fedauto, a Ford dealership, last Thursday. He was told his car was "fine", but 30 minutes after collecting it an engine overheating alarm sounded, and he and his wife were shocked to see smoke coming from the engine.

"I pulled over and we jumped out, totally shocked," he said. "And we haven't heard a thing from [the] Ford dealership about the vehicle since."

Warren Krog's Kuga caught alight exactly a week later on a highway in Alberton, south of Johannesburg.

He'd tried to book it for a safety check on January 4 but was told the earliest that it could be done was on January 18.

"I wasn't happy to keep driving it all that time given how many Kugas caught fire, but the service adviser at the Kempton Park dealership said I must just check the coolant - and, if it looks OK, I mustn't worry."

Renisha Jimmy, sister of Reshall Jimmy, who died when his Kuga ignited in December 2015, said she had documented all 47 Kuga fires.

Attorney Rod Montano, who represents the owners of 35 Kugas which caught fire, said he intended to submit complaints on their behalf at the NCC next week.

He urged the watchdog to force Ford to recall the 1.6-litre Kuga as a precursor to lodging a civil claim against the company as a class action.

"A recall would be an admission on Ford's part, for the first time, that there is a manufacturing fault with the vehicle," Montano said.

Ford was in the High Court in Cape Town this week to access police dockets on Jimmy's death. The case has been postponed to February 9, with Judge Elize Steyn giving the police until January 23 to respond to claims made by Ford.

block_quotes_start If anyone driving one of the affected Kugas is unhappy, they must please contact Ford on 0860-011-022 and we will arrange a courtesy vehicle for them immediately

Despite that incident, and many others since, having been reported to Ford, it issued no warnings until sister newspaper The Times broke the story.

Ford SA's "urgent" safety check failed Port Elizabeth's Maria Daniels. Just before the New Year, she took her Kuga to a local dealer to have its coolant system checked, but the car caught fire a few days later.

Ford said the dealership didn't do the check.

When Pieter van der Westhuizen took his Kuga to Fury Ford Sandton on Monday for a coolant system check, he was told he'd have to wait at least two weeks for the replacement parts the vehicle needed.

Van der Westhuizen e-mailed the dealership and asked for a courtesy car, pointing out Ford had promised this to affected Kuga customers if there was a delay in getting parts.

He was ignored for three days, until he re-sent the e-mail, copying this reporter.

"Within 20 minutes I got a response, telling me they had a courtesy car for me," he said.

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Ford spokeswoman Rella Bernardes said the company was devastated to hear about Krog and Van Der Westhuizen's experiences. "That's not the way it is supposed to happen.

"If anyone driving one of the affected Kugas is unhappy, they must please contact Ford on 0860-011-022 and we will arrange a courtesy vehicle for them immediately," said Bernardes.

Attorney Janusz Luterek, who specialises in product liability cases, said the Consumer Protection Act (CPA) was clear there was "strict liability for any damage or harm caused by a product which is unsafe when supplied or which has an inherent hazard or a defect".

He added: "This liability extends beyond replacement of the vehicle to any harm or damage caused and economic loss suffered by the owner, passengers, family or potentially even other members of the public or rescue services who are affected. These claims could be very large indeed and include loss of income in the case of injury and loss of support in the case of a death."

The CPA provides for class action lawsuits, Luterek said, "and it would be surprising if one or more such lawsuits were not in the pipeline on behalf of the affected group of Kuga owners who have suffered harm as a result of a fire or even due to loss of value of used Kugas.

"The failure of the [NCC] to order a recall is not an excuse for [Ford] not taking action."

consumer@knowler.co.za