Motswai v House and Home (NCT/33263/2015/75(1)(b)) [2017] ZANCT 57 (13 April 2017)

Motswai v House and Home (NCT/33263/2015/75(1)(b)) [2017] ZANCT 57 (13 April 2017)

The Tribunal found that the transaction between the applicant and respondent was concluded before the effective date of the Consumer Protection Act, and the goods were delivered prior to 1 April 2011. Accordingly, the CPA does not apply to this matter. Furthermore, the complaint was brought more than three years after the alleged defect arose, exceeding the limitation period prescribed by section 116 of the CPA. The Tribunal concluded that the applicant has no reasonable prospects of success and, therefore, refused leave to refer the matter directly to the Tribunal.

Citation
[2017] ZANCT 57
Parties
Applicant: Letlapa Shadrack Motswai; Respondent: House and Home
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
13 April 2017
Case Number
NCT/33263/2015/75(1)(b)
Procedural Posture
Leave to Appeal / Application for Leave to Refer Complaint Directly to Tribunal
Outcome
Application for leave to refer the matter directly to the Tribunal is refused.
Judges
J Maseko, J Simpson, F Sibanda
Legal Topics
Consumer Protection Act, Jurisdiction, Limitation Period, Leave to Refer
Commercial and Corporate Consumer Protection Act Jurisdiction Limitation Period Leave to Refer

Case Brief

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Parties

Letlapa Shadrack Motswai

Applicant

House and Home

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer Complaint Directly to Tribunal

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to hear the matter under the Consumer Protection Act given the transaction date.
  2. 2 Whether the application for leave to refer the complaint directly to the Tribunal should be granted.
  3. 3 Whether the complaint was brought within the statutory limitation period under section 116 of the CPA.

Ratio Decidendi

The Tribunal found that the transaction between the applicant and respondent was concluded before the effective date of the Consumer Protection Act, and the goods were delivered prior to 1 April 2011. Accordingly, the CPA does not apply to this matter. Furthermore, the complaint was brought more than three years after the alleged defect arose, exceeding the limitation period prescribed by section 116 of the CPA. The Tribunal concluded that the applicant has no reasonable prospects of success and, therefore, refused leave to refer the matter directly to the Tribunal.

Court Disposition

Application for 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.
  • There is no order as to costs.