Download PDF

South Africa Judgment

Consumer Affairs Court

Ntuli v South Streams Construction (GCC/05/2021) [2022] ZACONAF 20 (25 January 2022)

On this page

Professional case brief

Research organized from the available case record

Source document

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 Protector

South Streams Construction

Defendant

Amounts and remedies

  • Settlement Amount: ZAR 13,156.4

03

Procedural history

  1. Posture

    Civil Trial / Final Judgment

04

Questions and positions

Legal issues

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

  1. 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.

  2. 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.

  3. 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.

Source document

Consumer Affairs Court

Judgment

[2022] ZACONAF 20

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

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Consumer Protection Act, No 68 of 2008

Legislation

Legislation referenced in the available case record.

Consumer Affairs (Unfair Business Practices) Act, No 7 of 1996

Legislation

Legislation referenced in the available case record.

Case-aware research

Ask AI about this case

The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.