Alleged Unconscionable Conduct by InterCape Bus Service

The Secretariat received a complaint on allegations of unconscionable conduct by Intercape Bus Service.

The Complainant alleged that, he lost his luggage weighing 81kgs on the Intercape bus which he boarded from South Africa to Malawi on 14th October, 2018.

After reporting the missing luggage to the Respondent, he was advised to wait, expecting that the bag could be on the next Intercape bus. However, the bag was not on that bus either. The Complainant was later informed that the bag was left in South Africa, due to limited packing space, and would be dispatched soon. However, the bag was never sent.

Investigations found that Ticket No.: 1410163354RM343 was used which was proof that the Complainant boarded the Respondent’s bus. The waybill furnished by the Complainant also indicated that he deposited two pieces of luggage weighing 47.4 kg and 81 kg with Intercape.

Following deliberations, the Commission resolved as follows:


  1. The Respondent should refund the Complainant Seven Hundred and Twenty Thousand Kwacha (MK 720,000) which was the cost of the items that were in the lost luggage;
  2. The Respondent should pay a fine of Five Hundred Thousand Malawi Kwacha (MK 500,000) for violation of Section 43(1)(g) of the CFTA; and
  3. The Respondent should cease and desist from engaging in unconscionable conduct.