National Consumer Commission v Wynberg Used Cars (Pty) Ltd (NCT/318778/2023/73(2)(b)) [2024] ZANCT 15 (2 July 2024)

National Consumer Commission v Wynberg Used Cars (Pty) Ltd (NCT/318778/2023/73(2)(b)) [2024] ZANCT 15 (2 July 2024)

The Tribunal found that the respondent contravened section 56(2)(a) read with section 55(2)(a)-(c) of the Consumer Protection Act by failing to repair defects in the steering wheel and windscreen, which constitute hazards under section 53. The Tribunal determined that not all alleged defects met the statutory...

Source-derived case information.

Citation
[2024] ZANCT 15
Parties
Applicant: National Consumer Commission; Respondent: Wynberg Used Cars (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
2 July 2024
Case Number
NCT/318778/2023/73(2)(b)
Procedural Posture
Review Application / Unopposed Hearing
Outcome
Application granted in part; respondent declared to have engaged in prohibited conduct under the Consumer Protection Act.
Judges
S Hockey, A Potwana, S Mbhele
Legal Topics
Consumer Protection Act, Defective Goods, Prohibited Conduct, Administrative Fine, Certificate of Prohibited Conduct
Commercial and Corporate Consumer Protection Act Defective Goods Prohibited Conduct Administrative Fine Certificate of Prohibited Conduct

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Parties

National Consumer Commission

Applicant

Wynberg Used Cars (Pty) Ltd

Respondent

Procedural Posture

Review Application / Unopposed Hearing

Legal Issues

  1. 1 Whether the respondent contravened section 56(2)(a) read with section 55(2)(a) to (c) of the Consumer Protection Act by failing to repair defects in the vehicle.
  2. 2 Whether the defects identified by the consumer constitute defects as defined in section 53 of the Consumer Protection Act.
  3. 3 Whether the Tribunal is empowered to order damages or administrative fines in the circumstances.

Ratio Decidendi

The Tribunal found that the respondent contravened section 56(2)(a) read with section 55(2)(a)-(c) of the Consumer Protection Act by failing to repair defects in the steering wheel and windscreen, which constitute hazards under section 53. The Tribunal determined that not all alleged defects met the statutory definition, and only the steering wheel and windscreen defects were actionable. The Tribunal declined to order damages or an administrative fine, as it is not empowered to grant damages and the circumstances did not warrant a fine. The Tribunal declared the contraventions as prohibited conduct and recorded that the consumer may request a certificate for civil proceedings regarding...

Court Disposition

Application granted in part; respondent declared to have engaged in prohibited conduct under the Consumer Protection Act.

Orders

  • It is declared that the respondent contravened section 56(2)(a) read with section 55(2)(a) to (c).
  • The aforesaid contraventions are declared to be prohibited conduct.