South Africa Case Law

National Consumer Commission v Hanmon International CC (NCT/308359/2024/100(6)(a))

National Consumer Commission v Hanmon International CC (NCT/308359/2024/100(6)(a)) [2024] ZANCT 8 (19 April 2024)

Court

National Consumer Tribunal

Case number

NCT/308359/2024/100(6)(a)

Judges

C Sassman, MC Peenze, A Potwana

The Tribunal found that the respondent failed to comply with a compliance notice issued under section 100(1) of the Consumer Protection Act, despite proper service and notification. The respondent provided no valid reason for non-compliance and disregarded both the legislation and the authority of the applicant. The Tribunal considered the factors listed in section 112(3) of the CPA and found that, although there was no evidence of continuous contravention, consumer harm could result from the conduct. There was no evidence of profit or previous contraventions, and the respondent ceased cooper…

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• Consumer Protection Act
• Compliance Notice
• Administrative Fine
• Product Labelling
• Trade Description

Companies and Intellectual Property Commission v Maja and Others (62755/2018))

Companies and Intellectual Property Commission v Maja and Others (62755/2018)) [2024] ZAGPPHC 354 (9 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

62755/2018

Judge

Tolmay

The court found that there was a factual dispute regarding responsibility for the non-compliance and irregularities at SEI 1. The applicant failed to prove gross negligence, willful misconduct, or breach of trust by the first and seventh respondents as required by section 162(5)(c)(aa) of the Companies Act. The evidence showed that both respondents made attempts to rectify the situation and that the applicant did not act timeously. The court interpreted section 162(5)(d) in context, holding that a mere literal reading would lead to absurd results and that the court must consider the facts and…

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• Delinquent Director
• Companies Act Section 162
• Gross Negligence
• Willful Misconduct
• Compliance Notice
• Statutory Interpretation

National Consumer Commission v Scoop Clothing CC and Another

National Consumer Commission v Scoop Clothing CC and Another [2023] ZAGPPHC 447; A269/2021 (15 June 2023)

Court

North Gauteng High Court, Pretoria

Case number

A269/2021

Judges

C J van der Westhuizen, M D Botsi-Thulare

The court held that the Compliance Notice issued by the appellant complied with the statutory requirements of the Consumer Protection Act and its regulations. The Tribunal erred in cancelling and modifying the Compliance Notice, as the Act does not permit leniency or modification for non-compliance. The Tribunal acted beyond its authority by granting orders not permitted by the Act. The procedure followed by the appellant was lawful under section 3(5) of PAJA, which allows for a fair procedure prescribed by the empowering Act. The application to intervene by SACTWU was refused, as its submiss…

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• Consumer Protection Act
• Compliance Notice
• Import Regulation
• Labelling Requirements
• Review Of Administrative Action

National Consumer Commission v Kasner (NCT/176450/2021/100(6)(a))

National Consumer Commission v Kasner (NCT/176450/2021/100(6)(a)) [2021] ZANCT 51 (5 December 2021)

Court

National Consumer Tribunal

Case number

NCT/176450/2021/100(6)(a)

Judges

L. Best, T. Bailey, F. Sibanda

The Tribunal imposed a R10,000 administrative fine for failing to comply with a consumer compliance notice over non-compliant imported clothing.

• Consumer Protection Act
• Compliance Notice
• Administrative Fine
• Product Labelling
• Small Business Compliance
• Consumer-protection-act

Barnado v National Consumer Commission and Others (47933/17)

Barnado v National Consumer Commission and Others (47933/17) [2021] ZAGPPHC 531 (26 August 2021)

Court

North Gauteng High Court, Pretoria

Case number

47933/17

Judge

NTHAMBELENI

The court found that the National Consumer Commission failed to comply with its statutory mandate under the Consumer Protection Act by not efficiently investigating and enforcing the applicant’s complaint. The third respondent’s refusal to refund or replace the defective vehicle, despite clear recommendations from the Motor Industry Ombudsman, constituted prohibited conduct under the Act. The Commission’s tardiness and ineffective response undermined the purpose of the Act, which is to provide speedy and effective redress for consumers. The court ordered the respondents to comply with their s…

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• Consumer Protection Act
• Administrative Action
• Implied Warranty Of Quality
• Compliance Notice
• Latent Defect
• Enforcement Of Ombudsman Order

World Focus Group 912 (Pty) Ltd v National Consumer Commission (NCT/168800/2020/114(1))

World Focus Group 912 (Pty) Ltd v National Consumer Commission (NCT/168800/2020/114(1)) [2020] ZANCT 11 (19 October 2020)

Court

National Consumer Tribunal

Case number

NCT/168800/2020/114(1)

Judges

T Woker, L Best, A Potwana

The National Consumer Tribunal dismissed an interim-relief application, finding the applicant was not a complainant under the Consumer Protection Act and lacked locus standi.

• Interim Relief
• Locus Standi
• Compliance Notice
• Customs Detention
• Interim-relief
• Locus-standi

Munsamy v National Credit Regulator (NCT/115468/2018/56(1)R34)

Munsamy v National Credit Regulator (NCT/115468/2018/56(1)R34) [2019] ZANCT 117 (11 June 2019)

Court

National Consumer Tribunal

Case number

NCT/115468/2018/56(1)R34

Judge

B Dumisa

The National Consumer Tribunal granted condonation for the late filing of a replying affidavit in objection proceedings, finding good cause and no opposition.

• Condonation
• National Credit Act
• Debt Counselling
• Late Filing
• Compliance Notice
• Late-filing

Gauteng Department of Agriculture and Rural Development and Others v Interwaste (Pty) Ltd and Others (458/2018)

Gauteng Department of Agriculture and Rural Development and Others v Interwaste (Pty) Ltd and Others (458/2018) [2019] ZASCA 68; [2019] 3 All SA 344 (SCA) (30 May 2019)

Court

Supreme Court of Appeal

Case number

458/2018

Judges

Navsa ADP, Swain JA, Zondi JA, Molemela JA, Weiner AJA

The Supreme Court of Appeal held that Interwaste’s waste licence expired after four years and was not renewable by implication. The compliance notice was set aside in the High Court and the appeal succeeded.

• Waste Management Licensing
• Compliance Notice
• Effluxion Of Time
• Legality Principle
• Review Of Administrative Action
• Waste-management-licence

Moonsamy v National Credit Regulator (NCT/115516/2018/56(1)R34)

Moonsamy v National Credit Regulator (NCT/115516/2018/56(1)R34) [2019] ZANCT 85 (21 May 2019)

Court

National Consumer Tribunal

Case number

NCT/115516/2018/56(1)R34

Judge

B Dumisa

The Tribunal granted the National Credit Regulator condonation for the late filing of its answering affidavit in an objection to a compliance notice.

• Condonation
• Late Filing
• Tribunal Rules
• Good Cause
• Compliance Notice
• Late-filing

Public Investment Corporation Soc v Companies & Intellectual Property Commission (15315/2019)

Public Investment Corporation Soc v Companies & Intellectual Property Commission (15315/2019) [2019] ZAGPPHC 103 (26 March 2019)

Court

North Gauteng High Court, Pretoria

Case number

15315/2019

Judge

C J van der Westhuizen

The High Court set aside a CIPC compliance notice against PIC, holding that PIC was denied a fair hearing before the notice was issued.

• Compliance Notice
• Fair Hearing
• Principle Of Legality
• Companies Act
• Review Of Administrative Action
• Companies-act