Hennig v South Cape Auto (Pty) Ltd t/a Hyundai (NCT/110709/2018/148(1)) [2018] ZANCT 136 (23 October 2018)

Hennig v South Cape Auto (Pty) Ltd t/a Hyundai (NCT/110709/2018/148(1)) [2018] ZANCT 136 (23 October 2018)

The appeal panel found that the Member erred in refusing the appellant leave to refer her complaint directly to the Tribunal. The panel held that the Member failed to properly consider the appellant's allegations that she notified the respondent of defects within six months of delivery, as required by section 56(2) of the Consumer Protection Act. The panel determined that these allegations should be tested at a hearing, as the CPA does not prescribe formalities for notification and the appellant's evidence, though filed by a layperson, indicated attempts to contact the respondent. Furthermore, the panel clarified that while the Tribunal cannot award damages, it can determine prohibited...

Citation
[2018] ZANCT 136
Parties
Appellant: Carine Marianne Hennig; Respondent: South Cape Auto (Pty) Ltd t/a Hyundai
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
23 October 2018
Case Number
NCT/110709/2018/148(1)
Procedural Posture
Civil Appeal / Appeal Against Refusal of Leave to Refer Non Referred Complaint to Tribunal
Outcome
Appeal upheld; Member's refusal to grant leave set aside.
Judges
D Terblanche, T Bailey, B Dumisa
Legal Topics
Consumer Protection Act, Leave to Refer, Jurisdiction of Tribunal, Prohibited Conduct, Damages Claims
Commercial and Corporate Civil Procedure Consumer Protection Act Leave to Refer Jurisdiction of Tribunal Prohibited Conduct Damages Claims

Case Brief

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Parties

Carine Marianne Hennig

Appellant

South Cape Auto (Pty) Ltd t/a Hyundai

Respondent

Procedural Posture

Civil Appeal / Appeal Against Refusal of Leave to Refer Non Referred Complaint to Tribunal

Legal Issues

  1. 1 Whether the Tribunal Member erred in refusing the appellant leave to refer her complaint directly to the Tribunal after a notice of non-referral from the Commission.
  2. 2 Whether the appellant provided the respondent with an opportunity within six months of purchase to rectify alleged defects as required by section 56(2) of the Consumer Protection Act.
  3. 3 Whether the Tribunal has jurisdiction to entertain claims for damages under the Consumer Protection Act.

Ratio Decidendi

The appeal panel found that the Member erred in refusing the appellant leave to refer her complaint directly to the Tribunal. The panel held that the Member failed to properly consider the appellant's allegations that she notified the respondent of defects within six months of delivery, as required by section 56(2) of the Consumer Protection Act. The panel determined that these allegations should be tested at a hearing, as the CPA does not prescribe formalities for notification and the appellant's evidence, though filed by a layperson, indicated attempts to contact the respondent. Furthermore, the panel clarified that while the Tribunal cannot award damages, it can determine prohibited...

Court Disposition

Appeal upheld; Member's refusal to grant leave set aside.

Orders

  • The appeal is upheld.
  • No order is made for costs.