National Consumer Commission v Eskom Holdings Soc (Pty) Ltd (NCT/3916/2012/114(1 )(P)) [2012] ZANCT 19 (13 June 2012)

National Consumer Commission v Eskom Holdings Soc (Pty) Ltd (NCT/3916/2012/114(1 )(P)) [2012] ZANCT 19 (13 June 2012)

The Tribunal found that the National Consumer Commission does not have locus standi to bring the application for interim relief in this matter. Section 114 of the Consumer Protection Act requires that the applicant be a complainant as defined in the Act and that the complaint be properly referred to the Tribunal. In this case, the complaint was lodged by the consumer, Mr Prinsloo, with the NCC, but there was no evidence that the complaint had been referred to the Tribunal as required. The Tribunal concluded that the NCC, acting on behalf of the consumer, could not be considered the complainant for the purposes of interim relief under section 114. As locus standi was lacking, it was...

Citation
[2012] ZANCT 19
Parties
Applicant: National Consumer Commission; Respondent: Eskom Holdings Soc (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
13 June 2012
Case Number
NCT/3916/2012/114(1 )(P)
Procedural Posture
Urgent Application / Interim Relief Application
Outcome
Application for interim relief dismissed.
Judges
P Beck, F Manamela, F Sibanda
Legal Topics
Consumer Protection Act, Locus Standi, Interim Relief, Compliance Notice
Administrative Law Civil Procedure Consumer Protection Act Locus Standi Interim Relief Compliance Notice

Case Brief

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Parties

National Consumer Commission

Applicant

Eskom Holdings Soc (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Interim Relief Application

Legal Issues

  1. 1 Whether the National Consumer Commission has locus standi to bring an application for interim relief before the Tribunal.
  2. 2 Whether the requirements of section 114 of the Consumer Protection Act for interim relief are satisfied.
  3. 3 Whether the complaint was properly referred to the Tribunal as required by the Act.

Ratio Decidendi

The Tribunal found that the National Consumer Commission does not have locus standi to bring the application for interim relief in this matter. Section 114 of the Consumer Protection Act requires that the applicant be a complainant as defined in the Act and that the complaint be properly referred to the Tribunal. In this case, the complaint was lodged by the consumer, Mr Prinsloo, with the NCC, but there was no evidence that the complaint had been referred to the Tribunal as required. The Tribunal concluded that the NCC, acting on behalf of the consumer, could not be considered the complainant for the purposes of interim relief under section 114. As locus standi was lacking, it was...

Court Disposition

Application for interim relief dismissed.

Orders

  • The applicant's application for interim relief is dismissed.
  • No order as to costs is made.