Your question
I would like to know if someone is renting my car from me and uses it for private use while the car is broken what are my rights?
If you operate a vehicle-rental business, the supplied regulations require vehicles provided under rental agreements to be roadworthy at all times and to comply with road-traffic requirements. They also require your rental conditions and tariffs to be displayed or made available in a brochure. 23
The supplied sources do not state whether you may continue charging rent, must provide a replacement car, must refund the renter, or may recover repair costs when a rented car breaks down during private use. Those matters would depend on the rental agreement and legal rules not included in the sources. 23
A vehicle defect includes a fault in tyres, steering, brakes or seat belts that makes use unsafe or breaches road-traffic law. The material provided also identifies a regulation concerning a motor vehicle that becomes permanently unfit for use, but does not provide its operative procedure. 45
Verified sources
Where this answer comes from
Usury Act 73 of 1968
(ccc) the present value of the book value of the property leased in terms of such transaction; plus (ii) the costs in respect of stamp duties actually paid or to be paid by the lessor in connection with such transaction and owing to him by the lessee; plus (iii) if the lessor is authorized thereto in terms of an agreement in writing between himself and the lessee - (aa) where property is pledged in terms of a notarial bond or hypothecated under a mortgage bond over immovable property to the lessor as security in connection with such transaction, the costs actually paid or to be paid by the lessor in respect of the preparation, execution and registration of the bond; (bb) premiums actually pa...
Namibia Tourism Board Act 21 of 2000 - Regulations 2004-138
(a) that details of services offered, conditions of rental and tariffs are clearly displayed at the premises of the business or are made available in the form of a brochure; (b) that a register is kept at the business premises of all vehicles used and provided by the operator for rental purposes to clients at any given time. An operator must on request supply a copy of that register to the Board; and [The phrase “An operator must on request supply a copy of that register to the Board; and” is not grammatically correct as used in paragraph (b), but is reproduced as it appears in the Government Gazette.] (c) that vehicles provided to clients under rental agreements are in a roadworthy conditio...
Namibia Tourism Board Act 21 of 2000-Regulations 2004-138
(a) that details of services offered, conditions of rental and tariffs are clearly displayed at the premises of the business or are made available in the form of a brochure; (b) that a register is kept at the business premises of all vehicles used and provided by the operator for rental purposes to clients at any given time. An operator must on request supply a copy of that register to the Board; and [The phrase “An operator must on request supply a copy of that register to the Board; and” is not grammatically correct as used in paragraph (b), but is reproduced as it appears in the Government Gazette.] (c) that vehicles provided to clients under rental agreements are in a roadworthy conditio...
Road Traffic and Transport Act 22 of 1999-Regulations 2001-053
90. Procedure if motor vehicle becomes permanently unfit for use as motor vehicle
Motor Vehicle Accident Fund Act 10 of 2007
“defect”, when related to a vehicle, means a fault in a tyre, steering, brakes or a seat belt rendering the use of the vehicle unsafe or in breach of any law regulating road traffic and transportation, and “ defective” has that meaning;
Road Traffic and Transport Act 22 of 1999
“owner”, in relation to a vehicle, means - (a) the person having the right to the use and enjoyment of the vehicle in terms of the common law; (b) the person having the right to the use and enjoyment of the vehicle under a contract with the title holder thereof, including for any period during which such person fails to return the vehicle to the title holder when required to do so in terms of any condition of such contract; or (c) a motor vehicle dealer who is in possession of a vehicle for the purpose of sale, and who is indicated as the owner of the vehicle in any document of registration issued in accordance with the regulations under section 20;