Buckle Packaging (Pty) Ltd v National Consumer Commission (NCT/227511/2022/101(1)) [2023] ZANCT 4 (23 January 2023)

Buckle Packaging (Pty) Ltd v National Consumer Commission (NCT/227511/2022/101(1)) [2023] ZANCT 4 (23 January 2023)

The Tribunal found that the parties had reached a settlement agreement which addressed the requirements of the Consumer Protection Act and its regulations. The agreement provided for the labelling of the goods with country of origin, fibre content, composition, and a statement that care labelling is not applicable. The Commission would monitor the labelling process and facilitate the release of the goods. On the evidence and submissions, the Tribunal was satisfied that the settlement agreement could be confirmed as a consent order under section 150(d) of the National Credit Act. No order as to costs was made.

Citation
[2023] ZANCT 4
Parties
Applicant: Buckle Packaging (Pty) Ltd; Respondent: National Consumer Commission
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
23 January 2023
Case Number
NCT/227511/2022/101(1)
Procedural Posture
Review Application / Consent Order Confirmation
Outcome
Settlement agreement confirmed as a consent order; no order as to costs.
Judges
A Potwana, M Peenze, C Sassman
Legal Topics
Consumer Protection Act, Compliance Notice Review, Trade Description Requirements, Labelling Regulations
Administrative Law Commercial and Corporate Consumer Protection Act Compliance Notice Review Trade Description Requirements Labelling Regulations

Case Brief

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Parties

Buckle Packaging (Pty) Ltd

Applicant

National Consumer Commission

Respondent

Procedural Posture

Review Application / Consent Order Confirmation

Legal Issues

  1. 1 Whether the compliance notice issued by the National Consumer Commission was lawful and rational.
  2. 2 Whether the goods imported by the applicant required labelling in terms of the Consumer Protection Act and associated regulations.
  3. 3 Whether the settlement agreement between the parties could be confirmed as a consent order under section 150(d) of the National Credit Act.

Ratio Decidendi

The Tribunal found that the parties had reached a settlement agreement which addressed the requirements of the Consumer Protection Act and its regulations. The agreement provided for the labelling of the goods with country of origin, fibre content, composition, and a statement that care labelling is not applicable. The Commission would monitor the labelling process and facilitate the release of the goods. On the evidence and submissions, the Tribunal was satisfied that the settlement agreement could be confirmed as a consent order under section 150(d) of the National Credit Act. No order as to costs was made.

Court Disposition

Settlement agreement confirmed as a consent order; no order as to costs.

Orders

  • The settlement agreement between the applicant and respondent is confirmed as a consent order in terms of section 150(d) of the National Credit Act.
  • No order is made as to costs.