Poor service - Selling defect cell phones

I have a contract with Telkom which provides me with a data sim card containing 10gig on a monthly basis. My cell phone at the time was no longer working, and after doing research on pros and cons of cell phones within my budget, I decided to apply for a cell phone contract at MTN. I was advised assisted with a lady named Alicia, who had recommended that I take the latest Huawei P Smart; she mentioned a few features and the package MTN gives with it. I then decided to proceed with taking the P Smart, when I got home that evening a did a little research on Huawei's website and multiple sources that confirmed that the cell phone has a dual sim feature. Therefore I found the product to be perfect for me since I have an additional data sim.

On Sunday 24th February 2019, I received an sms from MTN stating my application was approved and that I could collect my cell phone which I did the very same day. Once I got to the store I was assisted by Brian who provided me with the T&C's without going through fine detail that would alert me of any concerns I may have with regards to the agreement or the phone. On Monday 25th February 2019 I placed the second sim card in my phone, and noticed the sim was not registering, thereafter I went through my phone setting to enable the second sim, and to my surprise there were no options allowing me to do so.

The very same evening I went back to MTN and spoke to one of its employees to confirm why the phone cannot trace the 2nd sim card, and I was advised that MTN disabled the function? I informed this individual that the disabled feature was not mentioned to me at all from Alicia or Brian. I was not happy with this feedback, and informed the employee that I will escalate this matter further by logging a complaint, and I required his name to use as a reference. Since I work in the finance industry I under that a customer’s frustration usually gets taken out on staff, however staff only follows procedures, therefore my complaint would be aimed at MTN, that being said as a courtesy of making him aware of me having to log a complaint and would require his name as a reference since Alicia and Brian were not on duty. His response "I am not going to give you my name, this has nothing to do with me". I would understand if I had to ask for his name + surname, this would be a security risk as an individual could be targeted outside of their work place, but I only asked his name. I immediately requested to speak to the manager which he willingly passed the buck to without attempting to resolve the matter by exhausting all avenues to avoid the matter from being escalated.

I spoke with Janda (Second in Charge), and firstly questioned why the employee would not provide me with his name, and she too was shocked as to why he did not do so. I explained the entire process, she showed empathy, advised she would escalate the matter, but we came to terms that historically MTN has not re-instated the function to previous customers. This leads me to my complaint below:

1. Multiple sources including Huawei's official website claims this model has the dual sim function. 2. When opening the sim slot, there is a shape formed in the slot that allows a second sim card to be inserted.

According to our consumer protection act:

Section 20 (1a) the right to return unsafe or defective goods, contemplated in section 56

Section 53 (1) in this Part, when used with respect to any goods, component of any goods, or Services— (a) ‘‘defect’’ means— (i) Any material imperfection in the manufacture of the goods or components, or in performance of the services, that renders the goods or results Of the service less acceptable than persons generally would be reasonably Entitled to expect in the circumstances; or (ii) Any characteristic of the goods or components that renders the goods or Components less useful, practicable or safe than persons generally would Be reasonably entitled to expect in the circumstances; (b) ‘‘failure’’ means the inability of the goods to perform in the intended manner Or to the intended effect;

Section 54 (1c) - When a supplier undertakes to perform any services for or on behalf of a Consumer, the consumer has a right to the use, delivery or installation of goods that are free of defects and of a quality that persons are generally entitled to expect, if any such goods are required for performance of the services.

Section 54 (2) - If a supplier fails to perform a service to the standards contemplated in subsection (54, 1), the consumer may require the supplier to either— (A) Remedy any defect in the quality of the services performed or goods supp****; or (B) refund to the consumer a reasonable portion of the price paid for the services Performed and goods supp****, having regard to the extent of the failure.

I can continue to educate you on the law, but its expected that your service provider is deemed as competent to know this.

I have 1 expectation I would like you to deliver on which will include following the disciplinary process with Ayanda (employee which refused to provide me with his name). 1. I purchased a deal paying R 289.00 for a phone with specific features which includes a dual sim; I expect to replace this phone with a phone of the same value (if not more) with the exact same features. 2. You enable this feature 3. I am within a 7day period where I will gladly return this item, you cancel my contract with removing my name from every credit bureau for selling me a defective phone, and I will head off to Telkom to apply for the exact same phone, with the feature enabled with a premium which is a lot more cheaper than MTN