South Africa Case Law

KwaZulu Natal Consumer Protector and Another v Wosiyane Cold Rooms CC and Another (KZNCT03/2025)

KwaZulu Natal Consumer Protector and Another v Wosiyane Cold Rooms CC and Another (KZNCT03/2025) [2025] ZANCT 28 (13 May 2025)

Court

National Consumer Tribunal

Case number

KZNCT03/2025

Judges

B. Dumisa, N. Cawe, S. Mbhele

The Tribunal found the respondents breached the Consumer Protection Act by failing to deliver a cold room and refund payment, and ordered cancellation, refund, interest, and a penalty.

• Consumer Protection Act
• Prohibited Conduct
• Refund Claim
• Contract Cancellation
• Administrative Penalty
• Consumer-protection

Loan Company (Pty) Ltd v National Credit Regulator and Another (1104/2023)

Loan Company (Pty) Ltd v National Credit Regulator and Another (1104/2023) [2025] ZASCA 40; 2025 (4) SA 501 (SCA) (8 April 2025)

Court

Supreme Court of Appeal

Case number

1104/2023

Judges

Mokgohloa, Keightley, Coppin, Phatshoane, Vally

The Supreme Court of Appeal found that the Loan Company repeatedly contravened the National Credit Act by entering into credit agreements and advertising credit prior to registration as a credit provider. The company's reliance on section 42(3)(a) was misplaced, as its application for registration had lapsed and all sample transactions occurred before registration was granted. The Tribunal correctly found that the company unlawfully charged a flat 5% interest rate irrespective of loan duration, contrary to statutory requirements that interest be calculated based on the actual period. The Trib…

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• National Credit Act
• Credit Provider Registration
• Administrative Penalty
• Interest Calculation
• Pawn Transactions
• Consumer Refunds

Competition Commission of South Africa v Steinhoff International Holdings Pty Limited (A283/2022)

Competition Commission of South Africa v Steinhoff International Holdings Pty Limited (A283/2022) [2025] ZAGPPHC 328 (28 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

A283/2022

Judges

Francis-Subbiah, J Nyati, A Africa

The High Court upheld the Commission’s appeal, set aside the refusal of condonation, and granted condonation for the late answering affidavit in a competition-law review.

• Collusive Price Fixing
• Administrative Penalty
• Condonation
• Ultra Vires Review
• Parent Company Liability
• Exclusive Jurisdiction

National Consumer Commission v WP Motors Sales (Pty) Ltd t/a WP Motors and Another (NCT/246983/2022/73(2)(b))

National Consumer Commission v WP Motors Sales (Pty) Ltd t/a WP Motors and Another (NCT/246983/2022/73(2)(b)) [2025] ZANCT 11 (17 February 2025)

Court

National Consumer Tribunal

Case number

NCT/246983/2022/73(2)(b)

Judges

N Maseti, Z Ntuli, MC Peenze

The Tribunal found that the first respondent contravened sections 55(2)(b), 55(2)(c), and 56(2)(b) of the Consumer Protection Act by selling a vehicle that suffered serious mechanical defects within three days of delivery. The consumer elected to cancel the agreement and seek a refund, which was communicated clearly and supported by documentary evidence. The first respondent's defence of driver negligence was rejected due to inadmissible hearsay evidence and lack of substantiation. The consumer's acceptance of the repaired vehicle was under economic duress and did not amount to repudiation of…

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• Consumer Protection Act
• Prohibited Conduct
• Refund Remedy
• Administrative Penalty
• Hearsay Evidence
• Statutory Warranty

National Consumer Commission v Braai Block (Pty) Ltd (NCT/341406/2024/73(2)(b))

National Consumer Commission v Braai Block (Pty) Ltd (NCT/341406/2024/73(2)(b)) [2024] ZANCT 66 (10 December 2024)

Court

National Consumer Tribunal

Case number

NCT/341406/2024/73(2)(b)

Judges

A Potwana, Z Ntuli, S Hockey

The Tribunal found the supplier charged undisclosed service fees and failed to include trading addresses on transaction records, declaring the conduct prohibited and imposing a R1 million fine.

• Consumer Protection Act
• Administrative Penalty
• Prohibited Conduct
• Displayed Price
• Transaction Record Requirements
• Consumer-protection

National Consumer Commission v BAJ Auto Investments (Pty) Ltd t/a Auto Investments Vanderbijlpark (NCT/295854/2023/73(2)(b))

National Consumer Commission v BAJ Auto Investments (Pty) Ltd t/a Auto Investments Vanderbijlpark (NCT/295854/2023/73(2)(b)) [2024] ZANCT 56 (10 October 2024)

Court

National Consumer Tribunal

Case number

NCT/295854/2023/73(2)(b)

Judges

M Peenze, A Potwana, S Mbhele

The Tribunal found that the respondent contravened sections 51(1)(a) and (b) and 56(2)(a) to (b) read with 55(2)(a) to (c) of the CPA by making the transaction subject to a mechanical warranty waiver that unlawfully deprived the consumer of statutory rights. The vehicle failed within five days of delivery, indicating it was not of good quality or durable as required by the CPA. The respondent's arguments regarding the age and mileage of the vehicle were rejected, as the statutory protections apply regardless of these factors. The Tribunal dismissed the respondent's points in limine regarding…

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• Consumer Protection Act
• Prohibited Conduct
• Warranty Waiver
• Refund Of Purchase Price
• Administrative Penalty

National Credit Regulator v Dans Cash Loans (Pty) Ltd (NCT/321603/2024/140(1))

National Credit Regulator v Dans Cash Loans (Pty) Ltd (NCT/321603/2024/140(1)) [2024] ZANCT 39 (12 September 2024)

Court

National Consumer Tribunal

Case number

NCT/321603/2024/140(1)

Judges

Z Ntuli, N Maseti, MC Peenze

The Tribunal found Dans Cash Loans repeatedly breached the National Credit Act, declared the credit agreements reckless, ordered an audit, and imposed a R200,000 fine.

• National Credit Act
• Reckless Lending
• Affordability Assessment
• Prohibited Conduct
• Administrative Penalty
• Consumer Protection

National Consumer Commission v Supertech Motor Holdings (Pty) Ltd trading as BMW (NCT/335480/2024/73(2)(b))

National Consumer Commission v Supertech Motor Holdings (Pty) Ltd trading as BMW (NCT/335480/2024/73(2)(b)) [2024] ZANCT 27 (11 September 2024)

Court

National Consumer Tribunal

Case number

NCT/335480/2024/73(2)(b)

Judges

N Maseti, A Potwana, C Ntsoane

The Tribunal found a motor repairer contravened section 54(1)(b) of the CPA by failing to repair a consumer’s vehicle to an expected standard and imposed a R20,000 fine.

• Consumer Protection Act
• Prohibited Conduct
• Administrative Penalty
• Service Quality
• Repair Obligations
• Consumer-protection-act

KwaZulu-Natal Consumer Protector and Another v Cupboard Trendz ta Handa Interior and Others (KZNCT03/2024)

KwaZulu-Natal Consumer Protector and Another v Cupboard Trendz ta Handa Interior and Others (KZNCT03/2024) [2024] ZACONAF 5 (27 August 2024)

Court

Consumer Affairs Court

Case number

KZNCT03/2024

Judges

B Dumisa, N Cawe, A Sewpersad

Default judgment was granted over defective and incomplete cupboard-installation services, with a refund, interest, an administrative penalty, and adverse-record orders.

• Consumer Protection Act
• Quality Of Service
• Default Judgment
• Refund Claim
• Administrative Penalty
• Consumer-protection

KwaZulu-Natal Consumer Protector and Another v Cupboard Trendz t/a Handa Interiors and Others (KZNCT04-24)

KwaZulu-Natal Consumer Protector and Another v Cupboard Trendz t/a Handa Interiors and Others (KZNCT04-24) [2024] ZACONAF 4 (18 August 2024)

Court

Consumer Affairs Court

Case number

KZNCT04-24

Judges

B. Dumisa, N. Cawe, A. Sewpersad

The Tribunal found the suppliers failed to complete a TV unit and coffee bar, ordered a R32,000 refund, and imposed a R25,000 administrative penalty.

• Consumer Protection Act
• Quality Of Service
• Refund Of Purchase Price
• Administrative Penalty
• Consumer-protection
• Quality-of-service