KwaZulu Natal Consumer Protector and Another v Wosiyane Cold Rooms CC and Another (KZNCT03/2025) [2025] ZANCT 28 (13 May 2025)

KwaZulu Natal Consumer Protector and Another v Wosiyane Cold Rooms CC and Another (KZNCT03/2025) [2025] ZANCT 28 (13 May 2025)

The Tribunal found that the Defendants failed to deliver the cold-room as per the agreement and did not refund the payment, despite repeated promises. This conduct breached Section 4(5)(a) and Section 19(2) of the Consumer Protection Act. The Tribunal declared the conduct prohibited, cancelled the sale agreement, ordered a refund of R20,000.00 plus interest at the prime overdraft rate, and imposed an administrative penalty of R15,000.00. The orders are to be executed within 15 days. The matter was unopposed, and the evidence presented by the applicants was accepted in full.

Citation
[2025] ZANCT 28
Parties
Applicant: KwaZulu Natal Consumer Protector; Applicant: Lindokuhle Sangweni; Respondent: Wosiyane Cold Rooms CC; Respondent: Matthews Bongani Chemane
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
13 May 2025
Case Number
KZNCT03/2025
Procedural Posture
Civil Application / Final Judgment
Outcome
Application granted. The Defendants are declared to have engaged in prohibited conduct, the sale agreement is cancelled, and the Defendants are ordered to refund the applicant and pay an administrative penalty.
Judges
B. Dumisa, N. Cawe, S. Mbhele
Legal Topics
Consumer Protection Act, Prohibited Conduct, Refund Claim, Contract Cancellation, Administrative Penalty
Commercial and Corporate Civil Procedure Consumer Protection Act Prohibited Conduct Refund Claim Contract Cancellation Administrative Penalty

Case Brief

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Parties

KwaZulu Natal Consumer Protector

Applicant

Lindokuhle Sangweni

Applicant

Wosiyane Cold Rooms CC

Respondent

Matthews Bongani Chemane

Respondent

Procedural Posture

Civil Application / Final Judgment

Legal Issues

  1. 1 Whether the Defendants breached the Consumer Protection Act by failing to deliver goods and refund payment.
  2. 2 Whether the Defendants' conduct constitutes prohibited conduct under Section 4 and Section 19 of the Consumer Protection Act.
  3. 3 What sanctions and remedies are appropriate under the circumstances.

Ratio Decidendi

The Tribunal found that the Defendants failed to deliver the cold-room as per the agreement and did not refund the payment, despite repeated promises. This conduct breached Section 4(5)(a) and Section 19(2) of the Consumer Protection Act. The Tribunal declared the conduct prohibited, cancelled the sale agreement, ordered a refund of R20,000.00 plus interest at the prime overdraft rate, and imposed an administrative penalty of R15,000.00. The orders are to be executed within 15 days. The matter was unopposed, and the evidence presented by the applicants was accepted in full.

Court Disposition

Application granted. The Defendants are declared to have engaged in prohibited conduct, the sale agreement is cancelled, and the Defendants are ordered to refund the applicant and pay an administrative penalty.

Orders

  • The Defendants are declared to have engaged in prohibited conduct in contravention of Section 4(5)(a) and Section 19(2) of the Consumer Protection Act 68 of 2008.
  • The sale agreement and all subsequent agreements between the Second Plaintiff and the Defendants are cancelled.