Papier v Buildmart Trading (NCT/38312/2016/75(1)(b) CPA) [2016] ZANCT 13 (31 May 2016)

Papier v Buildmart Trading (NCT/38312/2016/75(1)(b) CPA) [2016] ZANCT 13 (31 May 2016)

The Tribunal found that the contract at issue was concluded in May 2008, prior to the general effective date of the Consumer Protection Act (1 April 2011). The Act does not apply retrospectively to such agreements, and only certain sections apply to goods or services supplied after the effective date, which was not the case here. The Tribunal, being a creature of statute, cannot exercise jurisdiction over matters outside the scope of the Act. As the NCC correctly issued a notice of non-referral due to lack of jurisdiction, and the Applicant's prospects of success are non-existent under the CPA, leave to refer the matter to the Tribunal is refused.

Citation
[2016] ZANCT 13
Parties
Applicant: Andenlien Papier; Respondent: Buildmart Trading (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
31 May 2016
Case Number
NCT/38312/2016/75(1)(b) CPA
Procedural Posture
Leave to Appeal / Application for Leave to Refer to Tribunal Following NCC Notice of Non Referral
Outcome
Application for leave to refer refused; no order as to costs.
Judges
JM Maseko, FK Manamela, F Sibanda
Legal Topics
Consumer Protection Act, Notice of Non Referral, Jurisdiction, Retrospective Application, Leave to Refer
Commercial and Corporate Civil Procedure Consumer Protection Act Notice of Non Referral Jurisdiction Retrospective Application Leave to Refer

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Parties

Andenlien Papier

Applicant

Buildmart Trading (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer to Tribunal Following NCC Notice of Non Referral

Legal Issues

  1. 1 Whether the Tribunal should grant leave to refer the matter directly despite the NCC's notice of non-referral.
  2. 2 Whether the Consumer Protection Act applies to a contract concluded before its effective date.
  3. 3 Whether the Tribunal has jurisdiction to hear the matter.

Ratio Decidendi

The Tribunal found that the contract at issue was concluded in May 2008, prior to the general effective date of the Consumer Protection Act (1 April 2011). The Act does not apply retrospectively to such agreements, and only certain sections apply to goods or services supplied after the effective date, which was not the case here. The Tribunal, being a creature of statute, cannot exercise jurisdiction over matters outside the scope of the Act. As the NCC correctly issued a notice of non-referral due to lack of jurisdiction, and the Applicant's prospects of success are non-existent under the CPA, leave to refer the matter to the Tribunal is refused.

Court Disposition

Application for leave to refer refused; no order as to costs.

Orders

  • The application for leave to refer is refused.
  • There is no order as to costs.