Order obtained to freeze bank accounts of 'holiday swindler'

The National Consumer Commission (NCC), together with the National Prosecuting Authority, have obtained a preservation order against a Fourways man accused of defrauding many would-be holidaymakers.

The order is to preserve any money available in two bank accounts belonging to both Priority Escapes and its MD Francois Swart.

Police confirmed they had issued an arrest warrant for Swart and that a fraud case was opened at the Modimolle police station in August.

The travel agency allegedly advertised travel trips to the Maldives and, to confirm their bookings, consumers paid either deposits or the full amount and received fake confirmation documents. 

Scores of consumers were made to believe that their trips to Maldives were booked and paid for, only to be advised, at the last moment, that the trips had been cancelled “due to financial challenges the agency faced”. 

The NCC found that the travel agency and Swart contravened section 47(3) of the Consumer Protection Act (CPA).

It provides that: “If a supplier makes a commitment or accepts a reservation to supply goods or services on a specified date or at a specified time and, on the date and at the time contemplated in the commitment or reservation, fails because of insufficient stock or capacity to supply those goods or services, or similar or comparable goods or services of the same or better quality, class or nature, the supplier must: refund to the consumer the amount, if any, paid in respect of that commitment or reservation, together with interest at the prescribed rate from the date on which the amount was paid until the date of reimbursement.”

Acting consumer commissioner Thezi Mabuza said the commission is working with other law enforcement agencies to locate Swart. 

“We need to find Swart so that we can serve him with the National Consumer Tribunal papers. Once he is served with the papers, and the matter is argued at the tribunal, the NCC will execute the outcomes of the tribunal,” she said.

Other travel agencies probed by commission

Meanwhile, the commission is investigating two other travel agencies: 

• Unique Kaybe Holdings and its director Kabelo Refiloe Millicent Letlhatlha; and
• Travel Plug and its director Dudu Phatu.

This is after it received complaints from consumers alleging that Unique Kaybe Holdings took consumers’ money in exchange for trips to Botswana and Namibia.

Trips were scheduled for April 26-30. Consumers allege that Letlhatlha informed them via different WhatsApp groups (created for different trips) that the trips were cancelled due to “her being involved in a car accident”, leaving consumers frustrated.

Consumers were never refunded.

According to the commission, consumers booked trips with Travel Plug to various destinations including Bangkok, Dubai, Egypt, Turkey, Thailand, Kenya, Zanzibar, Mozambique and Namibia.

The consumers allege that closer to the date of the trip they received notifications that their trips were cancelled due to “unforeseen circumstances” after making various payments to their chosen destinations.

The commission has taken note that the travel agencies advertised their offerings on various social media platforms, and used images of other consumers who might have “used their services” to lure more consumers.

“The NCC urges consumers to exercise caution and do some background checks where possible when interacting with suppliers,” Mabuza said.

“The purpose of the CPA, among others, is to promote and advance the social and economic welfare of South African consumers while protecting consumers from unconscionable, unfair, unreasonable, unjust or otherwise improper trade practices.”

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