
Local automotive component producer PolyFlex Urethanes has warned consumers of a flood of counterfeit parts entering the market which are sold to unsuspecting buyers.
Consumers should therefore be extra vigilant with Black Friday approaching as shady part dealers try to take advantage of cash-strapped motorists hunting for deals.
In the case of PolyFlex, the company has seen a surge in counterfeit rocker, equaliser, and radius or torque arm bushes in South Africa.
“Information has come to the attention of Polyflex and its distributors that significant stock of counterfeit bushings is being prepared for sale to cash in on unsuspecting buyers quest for bargains during this time,” said the company.
“With considerable amounts of money invested in stock of these counterfeits, it is suspected that unscrupulous suppliers are looking at dumping the stock before consumers wise up to the scam.”
The company notes that fake parts pose a significant threat to road users as they do not conform to stringent safety standards adopted by legitimate manufacturers.
Alarmingly, the company said it has seen imitation polyurethane bushes that were, in fact, made of plasticised PVC. The material looks similar to genuine polyurethane bushes but lacks the key properties required for dynamic applications required from truck suspensions.
“PVC is fine for gum boots or certain static applications, such as plumbing or electrical components, but it’s not designed to withstand the stresses of mechanical suspension systems,” the company said.
The nefarious practice isn’t limited to niche truck components, either.
The Tyre Equipment and Parts Association of South Africa cautioned that the country is facing an influx of fake vehicle parts such as brake pads and oil filters which questionable individuals may also attempt to dispose of over the coming weeks as more and more special offers in online and physical stores emerge.
Doing the crime without the time
Hashiem Logday and Jan-Harm Swanepoel, associate attorneys at Adams & Adams, recently highlighted that the country’s courts are notoriously light on sentencing when it comes to counterfeit crimes.
The Counterfeit Goods Act No. 37 of 1997 (CGA) criminalises the practice of selling, offering for sale, manufacturing, distributing, and importing counterfeit products.
Counterfeiting refers to protected goods that are imitated to such a degree that they are substantially identical copies of the originals or colourable imitations thereof, so that they are calculated to be confused with or be taken as being the protected goods.
As dealing in counterfeit goods is a criminal offence in South Africa, the CGA prescribes the following penalties:
- First conviction – Punishable with a fine, in respect of each article or item involved in the particular act of dealing in counterfeit goods to which the offence relates that may not exceed R5,000 per article or item, or with imprisonment for a period not exceeding 3 years, or with both fine and such term of imprisonment.
- Second or subsequent convictions – Fine not exceeding R10,000 per article or item and/or imprisonment not exceeding 5 years.
“At first glance, the penalties provided for appear to be adequate and indicative of an aggressive approach towards offenders dealing in counterfeit goods,” said the attorneys.
Hypothetically speaking, a fine of R500,000 could be imposed on a first-time offender found in possession of 100 counterfeit T-shirts.
“In practice, however, the reality is far from this when sentences are imposed,” said the attorneys.
“From looking at past cases, the courts have adopted a more lenient approach when it comes to sentencing accused persons in cases dealing with contraventions of the CGA.”
The inference drawn from these lenient sentences may be that counterfeiting is viewed as a “victimless” crime and merely a case of big multinational corporation losing out on profits.
“However, if closer attention is paid to the nature of counterfeit goods being seized by the authorities including counterfeit sanitary pads, counterfeit engine oil, and consumable products, it becomes more evident that the dealing in counterfeit goods could also affect our safety and wellbeing directly,” said the attorneys.
“We are the unsuspecting victims.”
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