Mmebe v Nashakele Specialist Imports (Pty) Ltd (34961/2015/75(1)(b)) [2017] ZANCT 1 (13 February 2017)

Mmebe v Nashakele Specialist Imports (Pty) Ltd (34961/2015/75(1)(b)) [2017] ZANCT 1 (13 February 2017)

The Tribunal found, on a balance of probabilities, that the Applicant agreed to the inclusion of a 1,6m wide digital outdoor printer in the tailored business solution. The evidence, including the signed invoice and lack of objection from the Applicant until after purchasing another printer, supported the Respondent's version. The goods in question were special-order as defined by the CPA, and therefore the general right of cancellation did not apply. The Applicant's attempt to cancel was motivated by dissatisfaction with delivery times and a change in business needs, not by any breach or misrepresentation by the Respondent. The Tribunal concluded that the Applicant was not entitled to a...

Citation
[2017] ZANCT 1
Parties
Applicant: Samuel Mmebe; Respondent: Nashakele Specialist Imports (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
13 February 2017
Case Number
34961/2015/75(1)(b)
Procedural Posture
Leave to Appeal / Application for Leave to Refer Complaint Directly to Tribunal After Non Referral by Commission
Outcome
Application for direct referral to the Tribunal dismissed; no order as to costs.
Judges
J Maseko, D Terblanche, F Sibanda
Legal Topics
Consumer Protection Act, Special Order Goods, Contract Cancellation, Direct Referral, Balance of Probabilities
Commercial and Corporate Civil Procedure Consumer Protection Act Special Order Goods Contract Cancellation Direct Referral Balance of Probabilities

Case Brief

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Parties

Samuel Mmebe

Applicant

Nashakele Specialist Imports (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer Complaint Directly to Tribunal After Non Referral by Commission

Legal Issues

  1. 1 Whether the Applicant ordered a 1,6m or 1,8m wide digital outdoor printer as 'special-order goods'.
  2. 2 Whether the Applicant could legally cancel the special order based on the claim that the Respondent ordered goods not agreed to.
  3. 3 If cancellation was lawful, what amount should be refunded to the Applicant.

Ratio Decidendi

The Tribunal found, on a balance of probabilities, that the Applicant agreed to the inclusion of a 1,6m wide digital outdoor printer in the tailored business solution. The evidence, including the signed invoice and lack of objection from the Applicant until after purchasing another printer, supported the Respondent's version. The goods in question were special-order as defined by the CPA, and therefore the general right of cancellation did not apply. The Applicant's attempt to cancel was motivated by dissatisfaction with delivery times and a change in business needs, not by any breach or misrepresentation by the Respondent. The Tribunal concluded that the Applicant was not entitled to a...

Court Disposition

Application for direct referral to the Tribunal dismissed; no order as to costs.

Orders

  • The Applicant's application for direct referral to the Tribunal is dismissed.
  • There is no order as to costs.