Quality Vacation Club v National Consumer Commission (NCT/5078/2012/60(3)& 101(1)(P)) [2014] ZANCT 6 (22 January 2014)

Quality Vacation Club v National Consumer Commission (NCT/5078/2012/60(3)& 101(1)(P)) [2014] ZANCT 6 (22 January 2014)

The Tribunal found that the Consumer Protection Act does not apply to agreements concluded before its effective date of 31 March 2011, except as specifically provided for in Item 3(2) of Schedule 2. The agreement at issue was entered into on 5 August 2010, and the conduct complained of occurred prior to the CPA's commencement. Therefore, the compliance notice issued by the Respondent was not lawful, as it resulted in a retrospective application of the CPA for which there is no statutory authority. The Tribunal further held that, since the compliance notice failed the threshold of lawfulness, it was unnecessary to consider the Applicant's additional submissions regarding service,...

Citation
[2014] ZANCT 6
Parties
Applicant: Quality Vacation Club Management Association; Respondent: National Consumer Commission
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
22 January 2014
Case Number
NCT/5078/2012/60(3)& 101(1)(P)
Procedural Posture
Review Application / Application to Review and Cancel Compliance Notice Issued Under Section 101(1) of the Consumer Protection Act.
Outcome
Application granted. The compliance notice issued by the Respondent is cancelled.
Judges
T Woker, D Terblanche, X May
Legal Topics
Consumer Protection Act, Retrospective Application, Compliance Notice, Jurisdiction of Tribunal
Commercial and Corporate Civil Procedure Consumer Protection Act Retrospective Application Compliance Notice Jurisdiction of Tribunal

Case Brief

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Parties

Quality Vacation Club Management Association

Applicant

National Consumer Commission

Respondent

Procedural Posture

Review Application / Application to Review and Cancel Compliance Notice Issued Under Section 101(1) of the Consumer Protection Act.

Legal Issues

  1. 1 Whether the Consumer Protection Act applies to agreements concluded before its effective date.
  2. 2 Whether the compliance notice issued by the Respondent was lawful and competent.
  3. 3 Whether the Respondent had jurisdiction to issue a compliance notice in respect of the Applicant.

Ratio Decidendi

The Tribunal found that the Consumer Protection Act does not apply to agreements concluded before its effective date of 31 March 2011, except as specifically provided for in Item 3(2) of Schedule 2. The agreement at issue was entered into on 5 August 2010, and the conduct complained of occurred prior to the CPA's commencement. Therefore, the compliance notice issued by the Respondent was not lawful, as it resulted in a retrospective application of the CPA for which there is no statutory authority. The Tribunal further held that, since the compliance notice failed the threshold of lawfulness, it was unnecessary to consider the Applicant's additional submissions regarding service,...

Court Disposition

Application granted. The compliance notice issued by the Respondent is cancelled.

Orders

  • The compliance notice issued by the Respondent is hereby cancelled.
  • No order is made as to costs.