Pepeta v Mitchell Munck (Pty) Ltd (NCT/231628/2022/75(1)(b)) [2022] ZANCT 35 (2 August 2022)

Pepeta v Mitchell Munck (Pty) Ltd (NCT/231628/2022/75(1)(b)) [2022] ZANCT 35 (2 August 2022)

The Tribunal found that the applicant's claim, although falling within the ambit of the Consumer Protection Act and being of substantial importance to her, was filed more than three years after the cause of action arose in November 2018. Section 116 of the CPA imposes a strict limitation period, and the Tribunal is bound by recent High Court authority confirming that it has no power to interrupt prescription. As the application was filed outside the prescribed period, the Tribunal refused leave to refer the complaint. The matter was unopposed and no version from the respondent was before the Tribunal.

Citation
[2022] ZANCT 35
Parties
Applicant: Liziwe Pepeta; Respondent: Mitchell Munck (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
2 August 2022
Case Number
NCT/231628/2022/75(1)(b)
Procedural Posture
Leave to Appeal / Application for Leave to Refer Complaint to Tribunal
Outcome
Application for leave to refer refused due to prescription.
Judges
H Alwar
Legal Topics
Consumer Protection Act, Prescription of Claims, Defective Goods, Leave to Refer
Commercial and Corporate Consumer Protection Act Prescription of Claims Defective Goods Leave to Refer

Case Brief

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Parties

Liziwe Pepeta

Applicant

Mitchell Munck (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer Complaint to Tribunal

Legal Issues

  1. 1 Whether the applicant's claim under the Consumer Protection Act has prescribed due to lapse of time.
  2. 2 Whether the Tribunal has jurisdiction to grant leave to refer the complaint despite the prescription period.
  3. 3 Whether the circumstances of the purchase and defect fall within the ambit of the Consumer Protection Act.

Ratio Decidendi

The Tribunal found that the applicant's claim, although falling within the ambit of the Consumer Protection Act and being of substantial importance to her, was filed more than three years after the cause of action arose in November 2018. Section 116 of the CPA imposes a strict limitation period, and the Tribunal is bound by recent High Court authority confirming that it has no power to interrupt prescription. As the application was filed outside the prescribed period, the Tribunal refused leave to refer the complaint. The matter was unopposed and no version from the respondent was before the Tribunal.

Court Disposition

Application for leave to refer refused due to prescription.

Orders

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