Netshivhuyu v Kia Motors South Africa (Pty) Ltd t/a Kia Hatfield (NCT/96644/2017/75(1)(b)) [2018] ZANCT 31 (14 April 2018)

Netshivhuyu v Kia Motors South Africa (Pty) Ltd t/a Kia Hatfield (NCT/96644/2017/75(1)(b)) [2018] ZANCT 31 (14 April 2018)

The Tribunal found that the applicant, as an ordinary consumer, had made significant efforts to resolve the dispute with the respondent and had exhausted alternative avenues of redress. The matter is of substantial importance to the applicant, and the facts alleged, if proven, could constitute grounds for a remedy under the Consumer Protection Act. The Tribunal held that the applicant had laid a sufficient foundation for a complaint under the Act, and that the issues raised require full ventilation at a hearing on the merits. Accordingly, leave to refer the matter directly to the Tribunal was granted.

Citation
[2018] ZANCT 31
Parties
Applicant: Mbavhalelo Jimmy Netshivhuyu; Respondent: Kia Motors South Africa (Pty) Ltd t/a Kia Hatfield
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
14 April 2018
Case Number
NCT/96644/2017/75(1)(b)
Procedural Posture
Leave to Appeal / Application for Leave to Refer Complaint Directly to Tribunal Under Section 75(1)(b) of the Consumer Protection Act
Outcome
Leave to refer the complaint directly to the Tribunal is granted.
Judges
L. Best
Legal Topics
Consumer Protection Act, Leave to Refer, Implied Warranty of Quality, Access to Justice
Commercial and Corporate Civil Procedure Consumer Protection Act Leave to Refer Implied Warranty of Quality Access to Justice

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Mbavhalelo Jimmy Netshivhuyu

Applicant

Kia Motors South Africa (Pty) Ltd t/a Kia Hatfield

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer Complaint Directly to Tribunal Under Section 75(1)(b) of the Consumer Protection Act

Legal Issues

  1. 1 Whether the applicant should be granted leave to refer his complaint directly to the Tribunal under section 75(1)(b) of the Consumer Protection Act.
  2. 2 Whether the applicant has reasonable prospects of success with the referral.
  3. 3 Whether the matter is of substantial importance to the applicant.

Ratio Decidendi

The Tribunal found that the applicant, as an ordinary consumer, had made significant efforts to resolve the dispute with the respondent and had exhausted alternative avenues of redress. The matter is of substantial importance to the applicant, and the facts alleged, if proven, could constitute grounds for a remedy under the Consumer Protection Act. The Tribunal held that the applicant had laid a sufficient foundation for a complaint under the Act, and that the issues raised require full ventilation at a hearing on the merits. Accordingly, leave to refer the matter directly to the Tribunal was granted.

Court Disposition

Leave to refer the complaint directly to the Tribunal is granted.

Orders

  • The applicant is granted leave to refer his complaint against the respondent directly to the National Consumer Tribunal under section 75(1)(b) of the Consumer Protection Act.
  • The merits of the complaint will be determined at a subsequent hearing before the Tribunal.