Nkosi v Glen Multifranchise (Pty) t/a Kia Imperial Select (NCT/118285/2018/75(1)(b)) [2019] ZANCT 168 (20 May 2019)

Nkosi v Glen Multifranchise (Pty) t/a Kia Imperial Select (NCT/118285/2018/75(1)(b)) [2019] ZANCT 168 (20 May 2019)

The Tribunal found that the applicant's complaint is of substantial importance and that he has reasonable prospects of success in proving, on a balance of probabilities, that his rights under sections 55 and 56 of the Consumer Protection Act were infringed. The evidence showed that the vehicle exhibited defects within six months of purchase, and the respondent's conduct in replacing the engine indicated acknowledgment of liability. The Tribunal concluded that the applicant satisfied the requirements for leave to refer his complaint directly to the Tribunal under section 75(1)(b) of the CPA, without deciding the merits of the underlying claim.

Citation
[2019] ZANCT 168
Parties
Applicant: Themba Joshua Nkosi; Respondent: The Glen Multifranchise (Pty) Ltd t/a Kia Imperial Select
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
20 May 2019
Case Number
NCT/118285/2018/75(1)(b)
Procedural Posture
Leave to Appeal / Application for Leave to Self Refer Complaint Under Section 75(1)(b) of the CPA
Outcome
Leave to refer granted.
Judges
A Potwana
Legal Topics
Consumer Protection Act, Implied Warranty, Defective Goods, Leave to Self Refer, Refund Claim
Commercial and Corporate Civil Procedure Consumer Protection Act Implied Warranty Defective Goods Leave to Self Refer Refund Claim

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 6 Authorities cited 5 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Themba Joshua Nkosi

Applicant

The Glen Multifranchise (Pty) Ltd t/a Kia Imperial Select

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Self Refer Complaint Under Section 75(1)(b) of the CPA

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 CPA.
  2. 2 Whether the applicant has reasonable prospects of success in proving infringement of rights under sections 55 and 56 of the CPA.
  3. 3 Whether the facts alleged by the applicant constitute grounds for a remedy under the CPA.

Ratio Decidendi

The Tribunal found that the applicant's complaint is of substantial importance and that he has reasonable prospects of success in proving, on a balance of probabilities, that his rights under sections 55 and 56 of the Consumer Protection Act were infringed. The evidence showed that the vehicle exhibited defects within six months of purchase, and the respondent's conduct in replacing the engine indicated acknowledgment of liability. The Tribunal concluded that the applicant satisfied the requirements for leave to refer his complaint directly to the Tribunal under section 75(1)(b) of the CPA, without deciding the merits of the underlying claim.

Court Disposition

Leave to refer granted.

Orders

  • The applicant is granted leave to refer his complaint directly to the Tribunal.
  • No order as to costs.