Bisschoff v Mcintyre Van Der Post Incorporated (NCT/252886/2022/149) [2023] ZANCT 2 (17 January 2023)

Bisschoff v Mcintyre Van Der Post Incorporated (NCT/252886/2022/149) [2023] ZANCT 2 (17 January 2023)

The Tribunal found that it lacked jurisdiction to grant interim relief because the Applicant's complaint had not yet been referred to the Tribunal. The mere filing of an application for leave to refer does not constitute a legal referral. Without a referral, the requirements of section 114(1) are not met, and the Applicant does not have locus standi to seek interim relief. The application for interim relief must therefore be dismissed.

Citation
[2023] ZANCT 2
Parties
Applicant: Zelda Bisschoff; Respondent: McIntyre van der Post Incorporated
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
17 January 2023
Case Number
NCT/252886/2022/149
Procedural Posture
Urgent Application / Application for Interim Relief Under Section 114 of the Consumer Protection Act
Outcome
Application for interim relief dismissed for lack of jurisdiction.
Judges
MC Peenze, CJ Ntsoane, Z Ntuli
Legal Topics
Interim Relief, Consumer Protection Act, Jurisdiction, Locus Standi
Civil Procedure Commercial and Corporate Interim Relief Consumer Protection Act Jurisdiction Locus Standi

Case Brief

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Parties

Zelda Bisschoff

Applicant

McIntyre van der Post Incorporated

Respondent

Procedural Posture

Urgent Application / Application for Interim Relief Under Section 114 of the Consumer Protection Act

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to grant interim relief when the complaint has not yet been referred to the Tribunal.
  2. 2 Whether the Applicant has locus standi to apply for interim relief under section 114 of the Consumer Protection Act.
  3. 3 Whether the requirements for interim relief under section 114(1) of the Act are satisfied.

Ratio Decidendi

The Tribunal found that it lacked jurisdiction to grant interim relief because the Applicant's complaint had not yet been referred to the Tribunal. The mere filing of an application for leave to refer does not constitute a legal referral. Without a referral, the requirements of section 114(1) are not met, and the Applicant does not have locus standi to seek interim relief. The application for interim relief must therefore be dismissed.

Court Disposition

Application for interim relief dismissed for lack of jurisdiction.

Orders

  • The Applicant's application for interim relief in terms of section 114 is dismissed.
  • There is no cost order.