Motswai v House and Home (NCT33263/2015/75(1)(b)CPA) [2016] ZANCT 20 (7 July 2016)

Motswai v House and Home (NCT33263/2015/75(1)(b)CPA) [2016] ZANCT 20 (7 July 2016)

The Tribunal found that although the transaction for the lounge suite occurred before the CPA's effective date, the cause of action—the alleged poor quality and misrepresentation regarding the couches—arose in 2012, after the Act commenced. The complaint was made within the three-year prescription period set by section 116 of the CPA. The Tribunal held that the NCC's notice of non-referral did not preclude the applicant from seeking leave to refer the matter directly to the Tribunal. Applying the test for leave, the Tribunal determined that the applicant had reasonable prospects of success and that the matter was of substantial importance to both parties. The Tribunal therefore granted...

Citation
[2016] ZANCT 20
Parties
Applicant: Letlapa Shadrach Motswai; Respondent: House & Home
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
7 July 2016
Case Number
NCT33263/2015/75(1)(b)CPA
Procedural Posture
Leave to Appeal / Application for Leave to Refer Complaint Directly to Tribunal After NCC Issued Notice of Non Referral
Outcome
Leave to refer the complaint directly to the Tribunal is granted.
Judges
Penny Beck-Paxton, FK Manamela, Bonke Dumisa
Legal Topics
Consumer Protection Act, Leave to Refer, Jurisdiction of Tribunal, Notice of Non Referral, Prescription of Claims
Commercial and Corporate Civil Procedure Consumer Protection Act Leave to Refer Jurisdiction of Tribunal Notice of Non Referral Prescription of Claims

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Parties

Letlapa Shadrach Motswai

Applicant

House & Home

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer Complaint Directly to Tribunal After NCC Issued Notice of Non Referral

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to hear the matter despite the transaction predating the effective date of the Consumer Protection Act.
  2. 2 Whether the application for leave to refer the complaint directly to the Tribunal should be granted after the NCC issued a notice of non-referral.
  3. 3 Whether the complaint has prescribed under section 116 of the Consumer Protection Act.

Ratio Decidendi

The Tribunal found that although the transaction for the lounge suite occurred before the CPA's effective date, the cause of action—the alleged poor quality and misrepresentation regarding the couches—arose in 2012, after the Act commenced. The complaint was made within the three-year prescription period set by section 116 of the CPA. The Tribunal held that the NCC's notice of non-referral did not preclude the applicant from seeking leave to refer the matter directly to the Tribunal. Applying the test for leave, the Tribunal determined that the applicant had reasonable prospects of success and that the matter was of substantial importance to both parties. The Tribunal therefore granted...

Court Disposition

Leave to refer the complaint directly to the Tribunal is granted.

Orders

  • The application for leave to refer directly to the Tribunal is granted.
  • There is no order as to costs.