Ntuli v South Streams Construction (GCC/05/2021) [2022] ZACONAF 20 (25 January 2022)
- Citation
- [2022] ZACONAF 20
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Consumer Affairs Court
- Panel
- M A du Plessis, Z Mpungose, P Opperman
- Case number
- GCC/05/2021
More details
- Court
- Consumer Affairs Court
- Panel
- M A du Plessis, Z Mpungose, P Opperman
- Case number
- GCC/05/2021
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the Defendant was properly notified of the hearing and failed to provide sufficient grounds for postponement, having received notice of the medical procedure well after the set-down was served. The Defendant breached the Settlement Agreement by failing to pay the Plaintiff the agreed amount, despite the agreement being made an order of court. This conduct constituted prohibited conduct under the Consumer Protection Act and an unfair business practice under the Consumer Affairs (Unfair Business Practices) Act. The court proceeded in the Defendant's absence and ordered payment of the outstanding amount plus interest.
Court disposition
Judgment granted in favour of the Plaintiff. Defendant ordered to pay the agreed amount and interest.
Orders
- The Defendant shall pay the Plaintiff the amount of R13,156.40 within 20 days of this order.
- The Defendant shall pay the Plaintiff interest on the amount of R13,156.40 at the prescribed rate of interest, calculated from the date of this order to the date of payment.
02
Material facts
Parties
Mapule Ntuli
Plaintiff Counsel: Consumer ProtectorSouth Streams Construction
DefendantAmounts and remedies
- Settlement Amount: ZAR 13,156.4
03
Procedural history
Posture
Civil Trial / Final Judgment
04
Questions and positions
Legal issues
- 01
Whether the Defendant breached the Settlement Agreement by failing to pay the agreed amount to the Plaintiff.
- 02
Whether the Defendant's conduct constituted prohibited conduct under the Consumer Protection Act and an unfair business practice under the Consumer Affairs (Unfair Business Practices) Act.
- 03
Whether the court should proceed in the absence of the Defendant.
Party arguments
- Applicant
- The Plaintiff, represented by the Consumer Protector, argued that the Defendant failed to comply with the Settlement Agreement made an order of court, specifically by not paying the agreed sum of R13,156.40. The Plaintiff provided evidence of non-payment and submitted that the Defendant's conduct amounted to prohibited conduct under the Consumer Protection Act and an unfair business practice under the Consumer Affairs (Unfair Business Practices) Act.
- Respondent
- The Defendant was absent due to a scheduled medical procedure and requested a postponement via WhatsApp the day before the hearing. No substantive argument was presented regarding the merits of the case or the alleged breach of the Settlement Agreement.
05
Court’s reasoning
Legal principles
- 01
Settlement Agreement confirmed by Gauteng Consumer Affairs Court, 9 June 2021
A party who fails to comply with a court-sanctioned settlement agreement is in breach and liable for enforcement of the agreed terms.
- 02
Consumer Protection Act, No 68 of 2008, section 1
Prohibited conduct under the Consumer Protection Act includes failure to honour contractual obligations to a consumer.
- 03
Consumer Affairs (Unfair Business Practices) Act, No 7 of 1996, section 1
An unfair business practice includes conduct where a business fails to fulfil its obligations under an agreement with a consumer.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the Defendant was properly notified of the hearing and failed to provide sufficient grounds for postponement, having received notice of the medical procedure well after the set-down was served. The Defendant breached the Settlement Agreement by failing to pay the Plaintiff the agreed amount, despite the agreement being made an order of court. This conduct constituted prohibited conduct under the Consumer Protection Act and an unfair business practice under the Consumer Affairs (Unfair Business Practices) Act. The court proceeded in the Defendant's absence and ordered payment of the outstanding amount plus interest.
Obiter and limits
- The court noted that last-minute requests for postponement, especially when the party was aware of the hearing date, undermine the efficient administration of justice.
- The involvement of the Consumer Protector ensured that the Plaintiff's rights were adequately represented despite the Defendant's absence.
Court disposition
Judgment granted in favour of the Plaintiff. Defendant ordered to pay the agreed amount and interest.
- The Defendant shall pay the Plaintiff the amount of R13,156.40 within 20 days of this order.
- The Defendant shall pay the Plaintiff interest on the amount of R13,156.40 at the prescribed rate of interest, calculated from the date of this order to the date of payment.
Source and reliance status
Consumer Affairs Court
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Consumer Affairs Court
Judgment
IN THE CONSUMER
AFFAIRS COURT FOR THE PROVINCE OF GAUTENG
HELD AT JOHANNESBURG
CASE NO: GCC/05/2021
In the matter between:
MAPULE NTULI Plaintiff
and
SOUTH STREAMS CONSTRUCTION Defendant
JUDGMENT
The matter was heard in an online format. The Plaintiff was represented by the Consumer Protector. The Defendant was absent during the proceedings, due to a scheduled cataract extraction and intraocular lens insertion of his left eye scheduled for 25 January 2022. The Defendant notified the Consumer Protector of his absence on 24 January 2022 by way of a WhatsApp message, requesting a postponement until after February 2022.
The members of the Gauteng Consumer Affairs Court rejected the Defendant’s request for the following reasons: The notice of set-down was served on the Defendant on 21 December 2021. The Defendant received notification of the abovementioned procedure on 15 January 2022. The Defendant therefore elected a last-minute notification the day before the trial.
The decision to proceed in the absence of the Defendant was further supported in view of an earlier Settlement Agreement, confirmed by the Gauteng Consumer Affairs Court, discussed below.
On 19 April 2021 the Plaintiff and the Defendant entered into a Settlement Agreement whereby the Defendant undertook to make payment to the Plaintiff in the amount of R13 156,40 (Thirteen Thousand One Hundred and Fifty Six Rand and Forty Cents) on or before 13 May 2021. The Settlement Agreement was made an order of the Gauteng Consumer Affairs Court on 9 June 2021.
During the hearing, evidence by the Plaintiff, Ms Mapule Ntuli, and her daughter, Ms Petunia Jabulile Ntuli, indicated that the Defendant failed to make payment in terms of the Settlement Agreement.
FINDING:
The Defendant engaged in prohibited conduct as defined in terms of section 1 of the Consumer Protection Act, No 68 of 2008.
The Defendant engaged in an unfair business practice as defined in terms of section 1 of the Consumer Affairs (Unfair Business Practices) Act, No 7 of 1996.
IT IS HEREBY ORDERED THAT:
1. The Defendant shall pay the Plaintiff the amount of R13 156,40 (Thirteen Thousand One Hundred and Fifty Six Rand and Forty Cents) within 20 (twenty) days of this order.
2. The Defendant shall pay the Plaintiff interest on the amount of R13 156,40 (Thirteen Thousand One Hundred and Fifty Six Rand and Forty Cents) at the prescribed rate of interest, calculated from the date of this order to the date of payment.
ORDERED as such at JOHANNESBURG on 25 January 2022.
…………………………………
Prof. M A du Plessis
CHAIRPERSON
MEMBERS Z Mpungose and P Opperman concur
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