Golden Bay Properties 47 CC v National Consumer Commission (NCT/3620/2011/101(1)(P) CPA) [2013] ZANCT 33 (13 September 2013)

Golden Bay Properties 47 CC v National Consumer Commission (NCT/3620/2011/101(1)(P) CPA) [2013] ZANCT 33 (13 September 2013)

The Tribunal found that the Respondent failed to identify any specific provision of a repealed act allegedly contravened by the Applicant, as required by Schedule 2 Item 8(1) of the Consumer Protection Act. Furthermore, the agreement of sale and transfer of the property occurred before the general effective date of the Act (1 April 2011), rendering sections 19 and 54 inapplicable to the transaction. The Tribunal held that the compliance notice was invalid, as the statutory provisions relied upon did not apply retrospectively and the Respondent did not meet the requirements for invoking transitional powers. The Tribunal also noted that the Applicant's inability to deliver occupation was...

Citation
[2013] ZANCT 33
Parties
Applicant: Golden Bay Properties 47 CC; Respondent: National Consumer Commission
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
13 September 2013
Case Number
NCT/3620/2011/101(1)(P) CPA
Procedural Posture
Review Application / Default Hearing; Review of Compliance Notice
Outcome
The application for review is granted; the compliance notice is cancelled in its entirety.
Judges
Bonke Dumisa, F Manamela, F Sibanda
Legal Topics
Consumer Protection Act, Compliance Notice Review, Retrospective Application, Property Transfer
Commercial and Corporate Civil Procedure Consumer Protection Act Compliance Notice Review Retrospective Application Property Transfer

Case Brief

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Parties

Golden Bay Properties 47 CC

Applicant

National Consumer Commission

Respondent

Procedural Posture

Review Application / Default Hearing; Review of Compliance Notice

Legal Issues

  1. 1 Whether the Tribunal may hear the matter on a default basis.
  2. 2 Whether the Respondent had authority to issue a compliance notice for conduct occurring prior to the effective date of the Consumer Protection Act.
  3. 3 Whether the Respondent was empowered to order a refund of monies paid by the Complainant to the Applicant, plus interest.

Ratio Decidendi

The Tribunal found that the Respondent failed to identify any specific provision of a repealed act allegedly contravened by the Applicant, as required by Schedule 2 Item 8(1) of the Consumer Protection Act. Furthermore, the agreement of sale and transfer of the property occurred before the general effective date of the Act (1 April 2011), rendering sections 19 and 54 inapplicable to the transaction. The Tribunal held that the compliance notice was invalid, as the statutory provisions relied upon did not apply retrospectively and the Respondent did not meet the requirements for invoking transitional powers. The Tribunal also noted that the Applicant's inability to deliver occupation was...

Court Disposition

The application for review is granted; the compliance notice is cancelled in its entirety.

Orders

  • The compliance notice issued by the Respondent is cancelled in its entirety.
  • There is no order as to costs.