Vorster and Another v Panorama Estate (NCT/38617/2016/75(1)(b)) [2017] ZANCT 109 (9 October 2017)

Vorster and Another v Panorama Estate (NCT/38617/2016/75(1)(b)) [2017] ZANCT 109 (9 October 2017)

The Tribunal found that it does not have jurisdiction to adjudicate the Applicants' complaint under the Consumer Protection Act, as the Respondent, acting as a body corporate, is not a supplier within the meaning of the Act when enforcing rules mandated by the majority of residents. The Tribunal emphasized that its powers are limited to those conferred by statute and that disputes regarding body corporate rules are to be resolved by the Community Schemes Ombud Service. The Applicants failed to establish a foundation for a complaint under the Consumer Protection Act that the Tribunal could adjudicate. Consequently, the application for leave to refer the matter directly to the Tribunal was...

Citation
[2017] ZANCT 109
Parties
Applicant: Michiel Daniel Vorster; Applicant: Susara Isabella Sophia Vorster; Respondent: Panorama Estate
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
9 October 2017
Case Number
NCT/38617/2016/75(1)(b)
Procedural Posture
Leave to Appeal / Application for Leave to Refer Complaint Directly to Tribunal After Non Referral by National Consumer Commission
Outcome
Application for leave to refer the matter directly to the Tribunal is refused.
Judges
T Woker, FK Manamela, X May
Legal Topics
Consumer Protection Act, Jurisdiction of Tribunal, Body Corporate Rules, Leave to Refer, Community Schemes Ombud
Commercial and Corporate Civil Procedure Consumer Protection Act Jurisdiction of Tribunal Body Corporate Rules Leave to Refer Community Schemes Ombud

Case Brief

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Parties

Michiel Daniel Vorster

Applicant

Susara Isabella Sophia Vorster

Applicant

Panorama Estate

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer Complaint Directly to Tribunal After Non Referral by National Consumer Commission

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to adjudicate the dispute between the Applicants and the Respondent under the Consumer Protection Act.
  2. 2 Whether the Respondent qualifies as a 'supplier' under the Consumer Protection Act in respect of compulsory meal levies.
  3. 3 Whether the Applicants have reasonable prospects of success in the main complaint.

Ratio Decidendi

The Tribunal found that it does not have jurisdiction to adjudicate the Applicants' complaint under the Consumer Protection Act, as the Respondent, acting as a body corporate, is not a supplier within the meaning of the Act when enforcing rules mandated by the majority of residents. The Tribunal emphasized that its powers are limited to those conferred by statute and that disputes regarding body corporate rules are to be resolved by the Community Schemes Ombud Service. The Applicants failed to establish a foundation for a complaint under the Consumer Protection Act that the Tribunal could adjudicate. Consequently, the application for leave to refer the matter directly to the Tribunal was...

Court Disposition

Application for leave to refer the matter directly to the Tribunal is refused.

Orders

  • The application for leave to refer the matter directly to the Tribunal is refused.
  • There is no order as to costs.