Kwazulu-Natal Consumer Protector and Another v Zentec 99 CC and Others (KZNCT08/2022) [2023] ZACONAF 2 (31 January 2023)

Kwazulu-Natal Consumer Protector and Another v Zentec 99 CC and Others (KZNCT08/2022) [2023] ZACONAF 2 (31 January 2023)

The Tribunal found that the defendants failed to perform services timeously and to the standard required by the Consumer Protection Act, constituting prohibited conduct under sections 19(2)(a)(i) and 54. The contract was validly terminated by the consumer due to non-performance and poor workmanship. The Tribunal declined to order demolition, finding it lacked jurisdiction under the National Building Regulations and Building Standards Act, and that further expert evidence would be required to determine safety and proportionality. The Tribunal also found insufficient proof to order a refund for specific payments, such as for doors, windows, and the structural engineer. The defendants were...

Citation
[2023] ZACONAF 2
Parties
Applicant: Office of the KwaZulu-Natal Consumer Protector; Applicant: Bulelwa Magudu; Respondent: Zentec Trading 99 CC; Respondent: Luvunho Projects (Pty) Ltd; Respondent: Menzi Makhaza; Respondent: Erica Makhaza
Court
Consumer Affairs Court
Jurisdiction
South Africa
Judgment Date
31 January 2023
Case Number
KZNCT08/2022
Procedural Posture
Civil Application / Final Judgment After Contested Hearing; Default Basis Due to Non Compliance by Respondents
Outcome
Defendants found to have engaged in prohibited conduct; contract confirmed as terminated; costs awarded to plaintiffs; no demolition order granted.
Judges
B Dumisa, N Nursoo, RM Hand
Legal Topics
Consumer Protection Act, Prohibited Conduct, Quality of Service, Contract Termination, Costs Award
Commercial and Corporate Civil Procedure Consumer Protection Act Prohibited Conduct Quality of Service Contract Termination Costs Award

Case Brief

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Parties

Office of the KwaZulu-Natal Consumer Protector

Applicant

Bulelwa Magudu

Applicant

Zentec Trading 99 CC

Respondent

Luvunho Projects (Pty) Ltd

Respondent

Menzi Makhaza

Respondent

Erica Makhaza

Respondent

Procedural Posture

Civil Application / Final Judgment After Contested Hearing; Default Basis Due to Non Compliance by Respondents

Legal Issues

  1. 1 Whether the defendants contravened sections 19(2)(a)(i) and 54 of the Consumer Protection Act by failing to deliver services of reasonable quality and within a reasonable time.
  2. 2 Whether the agreement between the consumer and the defendants was validly terminated.
  3. 3 Whether the Tribunal has jurisdiction to order demolition of the defective structure.

Ratio Decidendi

The Tribunal found that the defendants failed to perform services timeously and to the standard required by the Consumer Protection Act, constituting prohibited conduct under sections 19(2)(a)(i) and 54. The contract was validly terminated by the consumer due to non-performance and poor workmanship. The Tribunal declined to order demolition, finding it lacked jurisdiction under the National Building Regulations and Building Standards Act, and that further expert evidence would be required to determine safety and proportionality. The Tribunal also found insufficient proof to order a refund for specific payments, such as for doors, windows, and the structural engineer. The defendants were...

Court Disposition

Defendants found to have engaged in prohibited conduct; contract confirmed as terminated; costs awarded to plaintiffs; no demolition order granted.

Orders

  • The defendants' conduct is declared prohibited conduct in contravention of Section 19(2)(a)(i) and Section 54 of the Consumer Protection Act No.68 of 2008.
  • The agreement is confirmed to have been terminated on 11 February 2022.