National Consumer Commission v Hanmon International CC (NCT/308359/2024/100(6)(a)) [2024] ZANCT 8 (19 April 2024)

National Consumer Commission v Hanmon International CC (NCT/308359/2024/100(6)(a)) [2024] ZANCT 8 (19 April 2024)

The Tribunal found that the respondent failed to comply with a compliance notice issued under section 100(1) of the Consumer Protection Act, despite proper service and notification. The respondent provided no valid reason for non-compliance and disregarded both the legislation and the authority of the applicant. The Tribunal considered the factors listed in section 112(3) of the CPA and found that, although there was no evidence of continuous contravention, consumer harm could result from the conduct. There was no evidence of profit or previous contraventions, and the respondent ceased cooperation with the applicant. In the absence of evidence of annual turnover, the Tribunal was limited...

Citation
[2024] ZANCT 8
Parties
Applicant: National Consumer Commission; Respondent: Hanmon International CC
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
19 April 2024
Case Number
NCT/308359/2024/100(6)(a)
Procedural Posture
Administrative Application / Unopposed Application for Administrative Fine Under Section 100(6)(a) of the Consumer Protection Act
Outcome
Application granted. Administrative fine imposed on the respondent for failure to comply with a compliance notice.
Judges
C Sassman, MC Peenze, A Potwana
Legal Topics
Consumer Protection Act, Compliance Notice, Administrative Fine, Product Labelling, Trade Description
Administrative Law Commercial and Corporate Consumer Protection Act Compliance Notice Administrative Fine Product Labelling Trade Description

Case Brief

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Parties

National Consumer Commission

Applicant

Hanmon International CC

Respondent

Procedural Posture

Administrative Application / Unopposed Application for Administrative Fine Under Section 100(6)(a) of the Consumer Protection Act

Legal Issues

  1. 1 Whether the respondent failed to comply with a compliance notice issued under section 100(1) of the Consumer Protection Act.
  2. 2 Whether the Tribunal should impose an administrative fine on the respondent for non-compliance.
  3. 3 What quantum of administrative fine is appropriate in the absence of evidence of annual turnover.

Ratio Decidendi

The Tribunal found that the respondent failed to comply with a compliance notice issued under section 100(1) of the Consumer Protection Act, despite proper service and notification. The respondent provided no valid reason for non-compliance and disregarded both the legislation and the authority of the applicant. The Tribunal considered the factors listed in section 112(3) of the CPA and found that, although there was no evidence of continuous contravention, consumer harm could result from the conduct. There was no evidence of profit or previous contraventions, and the respondent ceased cooperation with the applicant. In the absence of evidence of annual turnover, the Tribunal was limited...

Court Disposition

Application granted. Administrative fine imposed on the respondent for failure to comply with a compliance notice.

Orders

  • The respondent must, within 30 business days of issuing this judgment, pay an administrative fine of R50 000.00 into the National Revenue Fund referred to in section 213 of the Constitution using the specified bank account details.
  • There is no cost order.