South Africa Case Law

Millstock Cars (Pty) Ltd v National Consumer Commission and Another (NCT/371633/2025/101(1))

Millstock Cars (Pty) Ltd v National Consumer Commission and Another (NCT/371633/2025/101(1)) [2025] ZANCT 27 (6 April 2025)

Court

National Consumer Tribunal

Case number

NCT/371633/2025/101(1)

Judges

S Hockey, C Sassman, CJ Ntsoane

The Tribunal cancelled a compliance notice after finding it was based on factual errors about a Ferrari’s defect and that only a faulty sensor was shown.

• Consumer Protection Act
• Compliance Notice Review
• Supplier Liability
• Defective Goods
• Administrative Action
• Consumer-protection-act

Calderys South Africa (Pty) Ltd v Member of Executive Council Gauteng Department of Agriculture and Rural Development and Others (21/58720)

Calderys South Africa (Pty) Ltd v Member of Executive Council Gauteng Department of Agriculture and Rural Development and Others (21/58720) [2024] ZAGPJHC 53 (23 January 2024)

Court

South Gauteng High Court, Johannesburg

Case number

21/58720

Judge

Dlamini

The court found that the applicant's process of drying refractory castables after claiming they are complete constitutes firing as contemplated in subcategory 5.9 of the listing notice. The court held that all three elements of subcategory 5.9—production of ceramic products, involvement of firing, and output threshold—were present. The applicant's argument that its process involves only drying at lower temperatures was rejected as irrelevant to the statutory classification. The court determined that the respondents acted lawfully, reasonably, and fairly in issuing the compliance notice and di…

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• National Environmental Management Air Quality Act
• Compliance Notice Review
• Statutory Interpretation
• Atmospheric Emission Licensing
• Ceramic Production Classification

Buckle Packaging (Pty) Ltd v National Consumer Commission (NCT/227511/2022/101(1))

Buckle Packaging (Pty) Ltd v National Consumer Commission (NCT/227511/2022/101(1)) [2023] ZANCT 4 (23 January 2023)

Court

National Consumer Tribunal

Case number

NCT/227511/2022/101(1)

Judges

A Potwana, M Peenze, C Sassman

The Tribunal confirmed a settlement between Buckle Packaging and the National Consumer Commission as a consent order and made no order as to costs.

• Consumer Protection Act
• Compliance Notice Review
• Trade Description Requirements
• Labelling Regulations
• Consumer-protection
• Compliance-notice-review

Intuitive PDA (Pty) Ltd v The National Credit Regulator (NCT/212225/2021/56(1))

Intuitive PDA (Pty) Ltd v The National Credit Regulator (NCT/212225/2021/56(1)) [2022] ZANCT 52 (20 September 2022)

Court

National Consumer Tribunal

Case number

NCT/212225/2021/56(1)

Judges

J Simpson, C Sassman, N Maseti

The Tribunal refused Intuitive PDA’s bid to set aside a compliance notice, holding the notice was sufficiently detailed and that the applicant had not perempted its review rights.

• National Credit Act Compliance
• Payment Distribution Agent Regulation
• Compliance Notice Review
• Debt Counsellor Fees
• Reporting Obligations
• Compliance-notice-review

Thoridium Liquors (Pty) Ltd t/a GI Motors v National Consumer Commission (NCT/217071/2022/101)

Thoridium Liquors (Pty) Ltd t/a GI Motors v National Consumer Commission (NCT/217071/2022/101) [2022] ZANCT 38 (20 July 2022)

Court

National Consumer Tribunal

Case number

NCT/217071/2022/101

Judges

N Maseti, T Woker, T Bailey

The Tribunal set aside a compliance notice because it was issued to the wrong legal entity and sought compensation the Commission was not authorised to order.

• Consumer Protection Act
• Compliance Notice Review
• Locus Standi
• Refund Claim
• Default Judgment
• Consumer-protection

International Version and Trading Projects (Pty) Ltd v National Consumer Commission (NCT/220923/2022/101(1))

International Version and Trading Projects (Pty) Ltd v National Consumer Commission (NCT/220923/2022/101(1)) [2022] ZANCT 40 (10 July 2022)

Court

National Consumer Tribunal

Case number

NCT/220923/2022/101(1)

Judges

P A Beck, L Best, M Peenze

The Tribunal set aside a compliance notice over mislabelled imported blankets and allowed the applicant to relabel the goods, subject to inspection before release.

• Consumer Protection Act
• Compliance Notice Review
• Trade Description
• Importation Of Goods
• Just Administrative Action
• Consumer-protection-act

Scoop Clothing CC v National Consumer Commission (NCT/178145/2021/101(1))

Scoop Clothing CC v National Consumer Commission (NCT/178145/2021/101(1)) [2021] ZANCT 39 (3 September 2021)

Court

National Consumer Tribunal

Case number

NCT/178145/2021/101(1)

Judges

P A Beck, T Woker, F Manamela

The Tribunal found that the compliance notice issued by the National Consumer Commission was fatally defective due to the absence of a proper investigation, as required by section 73(1) of the Consumer Protection Act. The Respondent failed to provide evidence of an investigation or the investigator's report, rendering the administrative action unlawful and procedurally unfair under PAJA. The Tribunal held that the Applicant should be afforded an opportunity to rectify the labelling defects while the goods remain under customs control, in line with the purpose of a compliance notice and princi…

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• Consumer Protection Act
• Compliance Notice Review
• Procedural Fairness
• Import Regulation
• Labelling Requirements

Soulever Well CC t/a Bellabaci v National Consumer Commission (NCT/159598/2020/101(1))

Soulever Well CC t/a Bellabaci v National Consumer Commission (NCT/159598/2020/101(1)) [2021] ZANCT 16 (30 May 2021)

Court

National Consumer Tribunal

Case number

NCT/159598/2020/101(1)

Judges

L. Best, F. Manamela, A. Potwana

The Tribunal found that the provisions of section 3(1)(e) and Regulation 6 of the Consumer Protection Act do not apply to goods intended solely for export and not for South African consumers. There was no evidence that the Applicant knowingly applied a misleading trade description to the bags, nor was there a principal-agent or employer-employee relationship between the Applicant and the manufacturer. The Applicant could not be held vicariously liable for the manufacturer's actions under section 113 of the CPA. The Respondent did not dispute the Applicant's version that the incorrect label wa…

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• Consumer Protection Act
• Compliance Notice Review
• Trade Description
• Product Labelling
• Vicarious Liability

Haibo Clothing (Pty) Ltd v National Consumer Commission (NCT/164573/2020/101(1))

Haibo Clothing (Pty) Ltd v National Consumer Commission (NCT/164573/2020/101(1)) [2020] ZANCT 19 (22 October 2020)

Court

National Consumer Tribunal

Case number

NCT/164573/2020/101(1)

Judges

P A Beck, B Dumisa, J Simpson

The Tribunal held imported clothing must comply with labelling rules at entry into South Africa, not after importation, and confirmed the compliance notice.

• Consumer Protection Act
• Compliance Notice Review
• Product Labelling Requirements
• Importation Of Non Compliant Goods
• Regulation 6 Labelling
• Grey Goods Importation

BMW Financial Services (SA) (Pty) Ltd v National Credit Regulator; In Re BMW Financial Services (SA) (Pty) Ltd v National Credit Regulator (NCT/93829/2018/56(1)R4)

BMW Financial Services (SA) (Pty) Ltd v National Credit Regulator; In Re BMW Financial Services (SA) (Pty) Ltd v National Credit Regulator (NCT/93829/2018/56(1)R4) [2019] ZANCT 119 (31 May 2019)

Court

National Consumer Tribunal

Case number

NCT/93829/2018/56(1)R4

Judges

Trevor Bailey, P Beck, B Dumisa

The Tribunal dismissed BMW Financial Services’ interlocutory bid to compel documents and admissions from the National Credit Regulator in a compliance notice review.

• National Credit Act
• Compliance Notice Review
• Confidential Information
• Procedural Fairness
• Right To Privacy
• National-credit-act