Lubisi v Imperial Select Multifranchise (Pty) Ltd t.a East Rand Multifranchise (NCT/100164/2018/148(1)) [2018] ZANCT 141 (30 October 2018)

Lubisi v Imperial Select Multifranchise (Pty) Ltd t.a East Rand Multifranchise (NCT/100164/2018/148(1)) [2018] ZANCT 141 (30 October 2018)

The Tribunal found that the appellant's delay in referring his complaint was not excessive and his explanation reasonable. Prescription was interrupted while the complaint was pending before the ombud and the commission, so the referral was within the statutory period. The appellant laid a sufficient factual foundation for a claim under the Consumer Protection Act, specifically regarding the suspension fault reported within six months of purchase. The Tribunal concluded that it was in the interests of justice to condone the late referral, as the appellant would suffer prejudice if denied a hearing, and factual disputes should be resolved at a full hearing.

Citation
[2018] ZANCT 141
Parties
Appellant: Mountville Mkhalemba Lubisi; Respondent: Imperial Select Multifranchise (Pty) Ltd t.a East Rand Multifranchise
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
30 October 2018
Case Number
NCT/100164/2018/148(1)
Procedural Posture
Civil Appeal / Appeal Against Refusal of Condonation for Late Referral to Tribunal
Outcome
The appeal is upheld and the appellant is granted condonation for late referral of his complaint to the Tribunal.
Judges
M Peenze, L Best, T Bailey
Legal Topics
Condonation of Late Filing, Consumer Protection Act, Implied Warranty of Quality, Prescription, Right to Good Quality Goods
Commercial and Corporate Civil Procedure Condonation of Late Filing Consumer Protection Act Implied Warranty of Quality Prescription Right to Good Quality Goods

Case Brief

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Parties

Mountville Mkhalemba Lubisi

Appellant

Imperial Select Multifranchise (Pty) Ltd t.a East Rand Multifranchise

Respondent

Procedural Posture

Civil Appeal / Appeal Against Refusal of Condonation for Late Referral to Tribunal

Legal Issues

  1. 1 Whether the appellant's late referral of his complaint to the Tribunal should be condoned.
  2. 2 Whether the complaint has prescribed under section 116 of the Consumer Protection Act.
  3. 3 Whether the appellant's claim falls within the ambit of sections 55 and 56 of the Consumer Protection Act.

Ratio Decidendi

The Tribunal found that the appellant's delay in referring his complaint was not excessive and his explanation reasonable. Prescription was interrupted while the complaint was pending before the ombud and the commission, so the referral was within the statutory period. The appellant laid a sufficient factual foundation for a claim under the Consumer Protection Act, specifically regarding the suspension fault reported within six months of purchase. The Tribunal concluded that it was in the interests of justice to condone the late referral, as the appellant would suffer prejudice if denied a hearing, and factual disputes should be resolved at a full hearing.

Court Disposition

The appeal is upheld and the appellant is granted condonation for late referral of his complaint to the Tribunal.

Orders

  • The appeal is upheld.
  • There is no order as to costs.