Miya v MiWay Insurance Company Limited (NCT/43934/2016/75(1)(b)) [2017] ZANCT 93 (4 August 2017)

Miya v MiWay Insurance Company Limited (NCT/43934/2016/75(1)(b)) [2017] ZANCT 93 (4 August 2017)

The Tribunal found that it is a statutory body whose jurisdiction is strictly limited to matters expressly provided for in the Consumer Protection Act and the National Credit Act. The Financial Services Laws General Amendment Act, 2013, promulgated after the Consumer Protection Act, expressly excludes insurance-related disputes from the Tribunal's jurisdiction. The Applicant's dispute, being between an insurer and insured and falling under the Short-Term Insurance Act, is subject to the jurisdiction of the Ombudsman for Short-term Insurance. The Tribunal therefore lacks jurisdiction to entertain the application, and the Applicant's remedy lies with the Ombudsman or a court of law. The...

Citation
[2017] ZANCT 93
Parties
Applicant: Siphesihle Clement Hlakanipha Miya; Respondent: MiWay Insurance Company Limited
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
4 August 2017
Case Number
NCT/43934/2016/75(1)(b)
Procedural Posture
Leave to Appeal / Application for Leave to Refer Complaint Directly to Tribunal; Point in Limine on Jurisdiction
Outcome
Application for leave to refer the matter directly to the Tribunal is refused; no order as to costs.
Judges
J Simpson, H Devraj, P Beck
Legal Topics
Consumer Protection Act, Jurisdiction of Tribunal, Short Term Insurance, Financial Services Exclusion
Commercial and Corporate Consumer Protection Act Jurisdiction of Tribunal Short Term Insurance Financial Services Exclusion

Case Brief

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Parties

Siphesihle Clement Hlakanipha Miya

Applicant

MiWay Insurance Company Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer Complaint Directly to Tribunal; Point in Limine on Jurisdiction

Legal Issues

  1. 1 Whether the National Consumer Tribunal has jurisdiction to hear a dispute between an insurer and insured under the Consumer Protection Act, 2008.
  2. 2 Whether the Applicant is entitled to refer the complaint directly to the Tribunal despite the non-referral by the National Consumer Commission.
  3. 3 Whether the insurance industry is excluded from the ambit of the Consumer Protection Act by subsequent legislation.

Ratio Decidendi

The Tribunal found that it is a statutory body whose jurisdiction is strictly limited to matters expressly provided for in the Consumer Protection Act and the National Credit Act. The Financial Services Laws General Amendment Act, 2013, promulgated after the Consumer Protection Act, expressly excludes insurance-related disputes from the Tribunal's jurisdiction. The Applicant's dispute, being between an insurer and insured and falling under the Short-Term Insurance Act, is subject to the jurisdiction of the Ombudsman for Short-term Insurance. The Tribunal therefore lacks jurisdiction to entertain the application, and the Applicant's remedy lies with the Ombudsman or a court of law. The...

Court Disposition

Application for leave to refer the matter directly to the Tribunal is refused; no order as to costs.

Orders

  • The Applicant's application for leave to refer the matter directly to the Tribunal is refused.
  • No order is made as to costs.