ADT Security (Pty) Ltd v National Consumer Commission (NCT/4114/2012/101(1)CPA) [2013] ZANCT 13 (28 May 2013)

ADT Security (Pty) Ltd v National Consumer Commission (NCT/4114/2012/101(1)CPA) [2013] ZANCT 13 (28 May 2013)

The Tribunal found that the compliance notice issued by the Respondent was fatally flawed as it failed to comply with the requirements of section 100(3) of the Consumer Protection Act. Specifically, the notice did not clearly state which repealed law was contravened, nor did it describe the nature and extent of the non-compliance. The Tribunal further held that there was no evidence before it that the Applicant contravened any repealed law, and the compliance notice lacked clarity and specificity. As the Respondent did not oppose the application, the Applicant's submissions were accepted as uncontroverted. The Tribunal concluded that the compliance notice must be cancelled as contemplated...

Citation
[2013] ZANCT 13
Parties
Applicant: ADT Security (Pty) Ltd; Respondent: National Consumer Commission
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
28 May 2013
Case Number
NCT/4114/2012/101(1)CPA
Procedural Posture
Review Application / Default Judgment
Outcome
The application for review is granted. The compliance notice issued by the Respondent is cancelled.
Judges
F Manamela, X May, L Best
Legal Topics
Consumer Protection Act, Compliance Notice Review, Default Judgment, Retrospective Application, Quality of Service
Commercial and Corporate Civil Procedure Consumer Protection Act Compliance Notice Review Default Judgment Retrospective Application Quality of Service

Case Brief

Summary, issues, holding and outcome

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Parties

ADT Security (Pty) Ltd

Applicant

National Consumer Commission

Respondent

Procedural Posture

Review Application / Default Judgment

Legal Issues

  1. 1 Whether the Tribunal may deal with the matter on the basis of default judgment.
  2. 2 Whether the compliance notice issued by the Respondent complies with the requirements of section 100(3) of the Consumer Protection Act.
  3. 3 Whether the Respondent had jurisdiction to issue the compliance notice under the CPA for conduct predating the Act.

Ratio Decidendi

The Tribunal found that the compliance notice issued by the Respondent was fatally flawed as it failed to comply with the requirements of section 100(3) of the Consumer Protection Act. Specifically, the notice did not clearly state which repealed law was contravened, nor did it describe the nature and extent of the non-compliance. The Tribunal further held that there was no evidence before it that the Applicant contravened any repealed law, and the compliance notice lacked clarity and specificity. As the Respondent did not oppose the application, the Applicant's submissions were accepted as uncontroverted. The Tribunal concluded that the compliance notice must be cancelled as contemplated...

Court Disposition

The application for review is granted. The compliance notice issued by the Respondent is cancelled.

Orders

  • The compliance notice issued by the National Consumer Commission to ADT Security (Pty) Ltd is hereby cancelled.
  • No order is made as to costs.