National Consumer Commission v Kasner (NCT/176450/2021/100(6)(a)) [2021] ZANCT 51 (5 December 2021)

National Consumer Commission v Kasner (NCT/176450/2021/100(6)(a)) [2021] ZANCT 51 (5 December 2021)

The Tribunal found that the Respondent failed to comply with the Compliance Notice by not removing or destroying the non-compliant goods as required under the CPA. Although the Respondent's contravention was unintentional and she showed contrition, the goods were released and sold in the marketplace without proper compliance. The Tribunal considered the factors set out in section 112(3) of the CPA, including the absence of deliberate intent, lack of consumer harm, the Respondent's cooperation, and her small business circumstances. However, the Tribunal emphasized the importance of upholding consumer rights and the need for corrective and punitive measures to ensure compliance. The...

Citation
[2021] ZANCT 51
Parties
Applicant: National Consumer Commission; Respondent: Selina Sandra Kasner
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
5 December 2021
Case Number
NCT/176450/2021/100(6)(a)
Procedural Posture
Administrative Fine Application / Hearing and Judgment
Outcome
Administrative fine imposed on the Respondent for failure to comply with the Compliance Notice under the Consumer Protection Act.
Judges
L. Best, T. Bailey, F. Sibanda
Legal Topics
Consumer Protection Act, Compliance Notice, Administrative Fine, Product Labelling, Small Business Compliance
Commercial and Corporate Consumer Protection Act Compliance Notice Administrative Fine Product Labelling Small Business Compliance

Case Brief

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Parties

National Consumer Commission

Applicant

Selina Sandra Kasner

Respondent

Procedural Posture

Administrative Fine Application / Hearing and Judgment

Legal Issues

  1. 1 Whether the Respondent failed to comply with the Compliance Notice issued under section 100(1) of the Consumer Protection Act.
  2. 2 Whether the Respondent's contravention of the Consumer Protection Act warrants the imposition of an administrative fine.
  3. 3 What quantum of administrative fine is appropriate under the circumstances.

Ratio Decidendi

The Tribunal found that the Respondent failed to comply with the Compliance Notice by not removing or destroying the non-compliant goods as required under the CPA. Although the Respondent's contravention was unintentional and she showed contrition, the goods were released and sold in the marketplace without proper compliance. The Tribunal considered the factors set out in section 112(3) of the CPA, including the absence of deliberate intent, lack of consumer harm, the Respondent's cooperation, and her small business circumstances. However, the Tribunal emphasized the importance of upholding consumer rights and the need for corrective and punitive measures to ensure compliance. The...

Court Disposition

Administrative fine imposed on the Respondent for failure to comply with the Compliance Notice under the Consumer Protection Act.

Orders

  • The Respondent is ordered to pay an administrative fine of R10,000.00 into the National Revenue Fund within 30 days of the date of this judgment.
  • No order is made regarding costs.