Maduna v Vodacom (NCT/32946/2015/140(1)(b)) [2017] ZANCT 108 (9 October 2017)

Maduna v Vodacom (NCT/32946/2015/140(1)(b)) [2017] ZANCT 108 (9 October 2017)

The Tribunal found that the matter was of substantial importance to the applicant, given his efforts to resolve the dispute and seek redress. However, since the parties had reached a settlement, the contract was terminated, and the applicant was satisfied, there was no longer a live dispute or reasonable prospects of success for referral. The Tribunal further held that it could not make the settlement an order of the Tribunal under section 74(1) of the Act, as the respondent was not present to confirm the settlement and the statutory requirements for a consent order were not met. Consequently, leave to refer the matter directly to the Tribunal was refused.

Citation
[2017] ZANCT 108
Parties
Applicant: Phuma Kenneth Maduna; Respondent: Vodacom
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
9 October 2017
Case Number
NCT/83384/2017/75(1)(b)
Procedural Posture
Leave to Appeal / Application for Leave to Refer to Tribunal
Outcome
Leave to refer the matter directly to the Tribunal is refused.
Judges
L. Best
Legal Topics
Consumer Protection Act, Leave to Refer, Notice of Non Referral, Settlement Agreement
Administrative Law Civil Procedure Consumer Protection Act Leave to Refer Notice of Non Referral Settlement Agreement

Case Brief

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Parties

Phuma Kenneth Maduna

Applicant

Vodacom

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer to Tribunal

Legal Issues

  1. 1 Whether the applicant should be granted leave to refer the matter directly to the Tribunal under section 75(1)(b) of the Consumer Protection Act.
  2. 2 Whether the Tribunal can make the parties' settlement agreement an order of the Tribunal.
  3. 3 Whether the applicant has reasonable prospects of success in the referral given the settlement and termination of the contract.

Ratio Decidendi

The Tribunal found that the matter was of substantial importance to the applicant, given his efforts to resolve the dispute and seek redress. However, since the parties had reached a settlement, the contract was terminated, and the applicant was satisfied, there was no longer a live dispute or reasonable prospects of success for referral. The Tribunal further held that it could not make the settlement an order of the Tribunal under section 74(1) of the Act, as the respondent was not present to confirm the settlement and the statutory requirements for a consent order were not met. Consequently, leave to refer the matter directly to the Tribunal was refused.

Court Disposition

Leave to refer the matter directly to the Tribunal is refused.

Orders

  • The application for leave to refer the matter directly to the Tribunal is refused.