Mtshali v Webb (NCT/85142/2017/75(1)) [2017] ZANCT 120 (1 November 2017)

Mtshali v Webb (NCT/85142/2017/75(1)) [2017] ZANCT 120 (1 November 2017)

The Tribunal found that the Applicant failed to cite the correct party as Respondent. The evidence showed that Master Radiator Services, not Mathew Webb, was the entity that performed the repairs and was the subject of the complaint investigated by both the Motor Industry Ombudsman and the National Consumer Commission. The Applicant could not provide documentary evidence linking Mathew Webb to Master Radiator Services beyond her assertion. The Tribunal held that it cannot make an enforceable order against a party who is not properly cited and that the correct Respondent must be before the Tribunal for the matter to proceed. As a result, the application for leave to refer was refused...

Citation
[2017] ZANCT 120
Parties
Applicant: Ntombifikile Mtshali; Respondent: Mathew Webb
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
1 November 2017
Case Number
NCT/85142/2017/75(1)
Procedural Posture
Leave to Appeal / Application for Leave to Refer Complaint Directly to Tribunal After Non Referral by Commission
Outcome
Application for leave to refer refused due to incorrect citation of Respondent.
Judges
P Beck
Legal Topics
Leave to Refer, Correct Party Citation, Consumer Protection Act, Jurisdiction of Tribunal
Civil Procedure Leave to Refer Correct Party Citation Consumer Protection Act Jurisdiction of Tribunal

Case Brief

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Parties

Ntombifikile Mtshali

Applicant

Mathew Webb

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 may be granted leave to refer her complaint directly to the Tribunal after a non-referral by the National Consumer Commission.
  2. 2 Whether the correct party has been cited as Respondent for the purposes of the application.
  3. 3 Whether the Tribunal has jurisdiction to hear the matter in the absence of the correct Respondent.

Ratio Decidendi

The Tribunal found that the Applicant failed to cite the correct party as Respondent. The evidence showed that Master Radiator Services, not Mathew Webb, was the entity that performed the repairs and was the subject of the complaint investigated by both the Motor Industry Ombudsman and the National Consumer Commission. The Applicant could not provide documentary evidence linking Mathew Webb to Master Radiator Services beyond her assertion. The Tribunal held that it cannot make an enforceable order against a party who is not properly cited and that the correct Respondent must be before the Tribunal for the matter to proceed. As a result, the application for leave to refer was refused...

Court Disposition

Application for leave to refer refused due to incorrect citation of Respondent.

Orders

  • The Applicant’s application for leave to refer the matter directly to the Tribunal is refused.
  • Once the correct Respondent is established, the Applicant may re-launch this application before the Tribunal.