Simelane v Pretoria Franchise Support Services (Pty) Ltd T/A Fastway Couriers (Pretoria) (NCT/8742/2013/73(3) & 75(1)(b)&(2) CPA) [2013] ZANCT 43 (14 November 2013)

Simelane v Pretoria Franchise Support Services (Pty) Ltd T/A Fastway Couriers (Pretoria) (NCT/8742/2013/73(3) & 75(1)(b)&(2) CPA) [2013] ZANCT 43 (14 November 2013)

The Tribunal found that the Applicant had provided a satisfactory explanation for the late filing of the application and condoned the delay. The requirements for default judgment were met, as the Respondent was properly served and failed to oppose. The Tribunal held that leave to refer the matter to the Tribunal should be granted under section 75(1)(b) of the Consumer Protection Act, as the Applicant received a notice of non-referral from the NCC. However, the Tribunal clarified that it does not have jurisdiction to award damages for breach of contract arising from the franchise agreement, as such matters fall within the purview of the courts. The Tribunal further noted prima facie...

Citation
[2013] ZANCT 43
Parties
Applicant: Simon Simelane; Respondent: Pretoria Franchise Support Services (Pty) Ltd T/A Fastway Couriers (Pretoria)
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
14 November 2013
Case Number
NCT/8742/2013/73(3) & 75(1)(b)&(2) CPA
Procedural Posture
Leave to Appeal / Application for Leave to Refer to Tribunal Following NCC Non Referral
Outcome
Leave to refer is granted to the Applicant. No determination on the merits or damages is made.
Judges
P Beck
Legal Topics
Franchise Agreement, Consumer Protection Act, Leave to Refer, Default Judgment, Contractual Dispute
Commercial and Corporate Civil Procedure Franchise Agreement Consumer Protection Act Leave to Refer Default Judgment Contractual Dispute

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Parties

Simon Simelane

Applicant

Pretoria Franchise Support Services (Pty) Ltd T/A Fastway Couriers (Pretoria)

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Tribunal should grant condonation for the late filing of the application.
  2. 2 Whether the requirements for default judgment have been met.
  3. 3 Whether leave to refer the matter to the Tribunal should be granted under section 75(1)(b) of the Consumer Protection Act.

Ratio Decidendi

The Tribunal found that the Applicant had provided a satisfactory explanation for the late filing of the application and condoned the delay. The requirements for default judgment were met, as the Respondent was properly served and failed to oppose. The Tribunal held that leave to refer the matter to the Tribunal should be granted under section 75(1)(b) of the Consumer Protection Act, as the Applicant received a notice of non-referral from the NCC. However, the Tribunal clarified that it does not have jurisdiction to award damages for breach of contract arising from the franchise agreement, as such matters fall within the purview of the courts. The Tribunal further noted prima facie...

Court Disposition

Leave to refer is granted to the Applicant. No determination on the merits or damages is made.

Orders

  • Leave to refer the matter to the Tribunal is granted to the Applicant.
  • No order is made on the merits or for damages; jurisdiction to award damages for breach of contract lies with the courts.