Multichoice Africa (Pty) Ltd v National Consumer Commission (NCT/3220/2011/101 (1)(a)(P)) [2012] ZANCT 4 (23 March 2012)

Multichoice Africa (Pty) Ltd v National Consumer Commission (NCT/3220/2011/101 (1)(a)(P)) [2012] ZANCT 4 (23 March 2012)

The Tribunal found that the Respondent did not discharge its peremptory obligation to consult with ICASA before issuing the compliance notice to the Applicant, as required by section 100(2) of the Consumer Protection Act. The meeting held on 22 August 2011 did not constitute consultation regarding the Applicant, as there was no discussion of the Applicant's alleged contraventions, no provision of relevant information, and no opportunity for ICASA to advise or receive advice. The Tribunal held that meaningful consultation requires more than a general meeting; it requires a genuine invitation to provide input and sufficient information to enable the regulatory authority to participate...

Citation
[2012] ZANCT 4
Parties
Applicant: Multichoice Africa (Pty) Ltd; Respondent: National Consumer Commission
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
23 March 2012
Case Number
NCT/3220/2011/101 (1)(a)(P)
Procedural Posture
Review Application / Ruling on Points in Limine
Outcome
The compliance notice issued by the Respondent is cancelled due to failure to comply with the statutory requirement of consultation.
Judges
J Maseko, D Terblanche, N Sephoti
Legal Topics
Consumer Protection Act, Compliance Notice, Consultation Requirement, Regulated Entity, Jurisdiction of Tribunal
Administrative Law Commercial and Corporate Consumer Protection Act Compliance Notice Consultation Requirement Regulated Entity Jurisdiction of Tribunal

Case Brief

Summary, issues, holding and outcome

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Parties

Multichoice Africa (Pty) Ltd

Applicant

National Consumer Commission

Respondent

Procedural Posture

Review Application / Ruling on Points in Limine

Legal Issues

  1. 1 Whether the Respondent consulted with the regulatory authority (ICASA) before issuing the compliance notice as required by section 100(2) of the Consumer Protection Act.
  2. 2 Whether failure to consult renders the compliance notice fatally defective.

Ratio Decidendi

The Tribunal found that the Respondent did not discharge its peremptory obligation to consult with ICASA before issuing the compliance notice to the Applicant, as required by section 100(2) of the Consumer Protection Act. The meeting held on 22 August 2011 did not constitute consultation regarding the Applicant, as there was no discussion of the Applicant's alleged contraventions, no provision of relevant information, and no opportunity for ICASA to advise or receive advice. The Tribunal held that meaningful consultation requires more than a general meeting; it requires a genuine invitation to provide input and sufficient information to enable the regulatory authority to participate...

Court Disposition

The compliance notice issued by the Respondent is cancelled due to failure to comply with the statutory requirement of consultation.

Orders

  • The compliance notice issued by the Respondent is cancelled.
  • No order is made for costs.