Mokhutswane v Uber South Africa (Pty) Ltd (NCT/127401/2019/75(1)(b)) [2019] ZANCT 64 (14 May 2019)

Mokhutswane v Uber South Africa (Pty) Ltd (NCT/127401/2019/75(1)(b)) [2019] ZANCT 64 (14 May 2019)

The Tribunal refused the application for leave to refer because the applicant failed to provide evidence that Uber South Africa (Pty) Ltd exists as a registered company and that the application was correctly served on the respondent. The Tribunal found that without proof of the respondent's existence and proper citation, it cannot proceed to adjudicate the matter. Furthermore, the Tribunal noted that the legal relationship between the applicant and Uber appears to be contractual and does not clearly fall within the scope or purpose of the Consumer Protection Act. The applicant's inability to establish the respondent's existence is fatal to the application.

Citation
[2019] ZANCT 64
Parties
Applicant: Monnapule Samuel Mokhutswane; Respondent: Uber South Africa (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
14 May 2019
Case Number
NCT/127401/2019/75(1)(b)
Procedural Posture
Leave to Appeal / Application for Leave to Refer Under Section 75(1)(b) of the Consumer Protection Act
Outcome
Application for leave to refer refused.
Judges
J Simpson
Legal Topics
Consumer Protection Act, Leave to Refer, Jurisdiction, Correct Citation of Party
Commercial and Corporate Civil Procedure Consumer Protection Act Leave to Refer Jurisdiction Correct Citation of Party

Case Brief

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Parties

Monnapule Samuel Mokhutswane

Applicant

Uber South Africa (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer Under Section 75(1)(b) of the Consumer Protection Act

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success in referring the complaint to the Tribunal.
  2. 2 Whether the matter is of substantial importance to the applicant or respondent.
  3. 3 Whether the respondent has been correctly cited and factually exists.

Ratio Decidendi

The Tribunal refused the application for leave to refer because the applicant failed to provide evidence that Uber South Africa (Pty) Ltd exists as a registered company and that the application was correctly served on the respondent. The Tribunal found that without proof of the respondent's existence and proper citation, it cannot proceed to adjudicate the matter. Furthermore, the Tribunal noted that the legal relationship between the applicant and Uber appears to be contractual and does not clearly fall within the scope or purpose of the Consumer Protection Act. The applicant's inability to establish the respondent's existence is fatal to the application.

Court Disposition

Application for leave to refer refused.

Orders

  • The applicant's application for leave to refer is refused.
  • There is no order as to costs.