South Africa Case Law

Nzwana v Dukes Motors t/a Dampier Nissan (1170/2018)

Nzwana v Dukes Motors t/a Dampier Nissan (1170/2018) [2019] ZAECGHC 81 (3 September 2019)

Court

Eastern Cape High Court, Grahamstown

Case number

1170/2018

Judge

M J Lowe

The court held that Section 69(d) of the Consumer Protection Act imposes a mandatory requirement that consumers must exhaust all alternative statutory remedies before approaching the civil courts for relief. The applicant failed to allege or prove compliance with these remedies, such as referring the dispute to an ombud, consumer court, or the National Consumer Commission. The court found that this failure temporarily barred the applicant's access to the High Court for relief under the CPA. The court also exercised its discretion to condone the procedural irregularity regarding the notice of…

Source excerpt

• Consumer Protection Act
• Exhaustion Of Statutory Remedies
• Access To Court
• Alternative Dispute Resolution

Solomons v Minister of Labour (5910/2008)

Solomons v Minister of Labour (5910/2008) [2012] ZAWCHC 56 (29 February 2012)

Court

Western Cape High Court, Cape Town

Case number

5910/2008

Judge

Saba

The High Court upheld a special plea under COIDA, finding that the plaintiff could not claim common-law damages and had not exhausted statutory remedies.

• Compensation For Occupational Injuries And Diseases Act
• Common Law Exclusion
• Exhaustion Of Statutory Remedies
• Special Plea
• Medical Expenses Claim
• Coida