South Africa Case Law

Special Investigating Unit v Zakheni Strategic Supplies (Pty) Ltd and Others (GP09/2021)

Special Investigating Unit v Zakheni Strategic Supplies (Pty) Ltd and Others (GP09/2021) [2025] ZAST 12 (23 July 2025)

Court

Special Tribunal

Case number

GP09/2021

Judge

A H Petersen

The Special Tribunal dismissed the SIU’s contempt application, finding it had not proved beyond reasonable doubt that the respondents acted wilfully and mala fide.

• Civil Contempt
• Wilfulness And Mala Fides
• Jurisdiction Of Tribunal
• Compliance With Court Orders
• Civil-contempt
• Wilfulness-and-mala-fides

Kleynhans v Van Zyl and Another (NCT-342961-2024-Section 141(1)(b))

Kleynhans v Van Zyl and Another (NCT-342961-2024-Section 141(1)(b)) [2025] ZANCT 24 (31 March 2025)

Court

National Consumer Tribunal

Case number

NCT-342961-2024-Section 141(1)(b)

Judges

Z Ntuli, S Hockey, C Sassman

The Tribunal dismissed a debt-review complaint, finding it barred by section 166(2) of the NCA, with ABSA not joined and damages beyond its jurisdiction.

• National Credit Act
• Debt Review
• Jurisdiction Of Tribunal
• Non Joinder
• Damages Claim
• Section 166 Bar

Kunene v Isaacs and Another (NCT/333308/2024/141(1)(b))

Kunene v Isaacs and Another (NCT/333308/2024/141(1)(b)) [2025] ZANCT 4 (14 February 2025)

Court

National Consumer Tribunal

Case number

NCT/333308/2024/141(1)(b)

Judges

S Hockey, C Sassman, Z Ntuli

The Tribunal held that the applicant was placed under debt review without consent and ordered removal of the status from the Debt Help System and notification of credit bureaus.

• National Credit Act
• Debt Review
• Consumer Rights
• Jurisdiction Of Tribunal
• Debt-review
• Debt-help-system

Sithole v Benay Sager NCRDC2484 and Others (A369/2023)

Sithole v Benay Sager NCRDC2484 and Others (A369/2023) [2025] ZAGPPHC 65 (21 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

A369/2023

Judges

Neukircher, JJ Strijdom

The court held that the appellant was not absent when the consent order was granted, as he had provided a written mandate to the first respondent and its attorneys to act on his behalf. Representation by mandate constitutes legal presence, and the absence of physical attendance does not entitle a party to rescission. The Tribunal's jurisdiction to grant a consent order where the debtor is over-indebted is a matter of statutory interpretation, but the majority of Tribunal judgments have found that over-indebtedness is not a bar to granting a consent order where all parties consent. The appella…

Source excerpt

• National Credit Act
• Debt Review
• Consent Order
• Jurisdiction Of Tribunal
• Rescission Of Order

Thuketana v Transunion Credit Bureau (Pty) Ltd (NCT/326495/2024/141(1)(b))

Thuketana v Transunion Credit Bureau (Pty) Ltd (NCT/326495/2024/141(1)(b)) [2024] ZANCT 72 (3 December 2024)

Court

National Consumer Tribunal

Case number

NCT/326495/2024/141(1)(b)

Judges

Z Ntuli, C Sassman, CJ Ntsoane

The Tribunal found that the obligation to notify the applicant before listing the SARS judgment rests with SARS as the source of information, not with the respondent credit bureau. The respondent provided credible evidence supporting the listing, namely the SARS judgment, and took reasonable steps to verify the accuracy of the information. The 62-cent discrepancy in the listed amount was deemed trivial and did not materially misrepresent the applicant's credit status. The Tribunal applied the de minimis non curat lex principle, holding that such a minor discrepancy does not warrant judicial i…

Source excerpt

• Credit Bureau Listing
• Accuracy Of Consumer Credit Information
• Notification Requirements
• De Minimis Non Curat Lex
• Jurisdiction Of Tribunal

Mbonani v Cars for Africa (Pty) Ltd (NCT/303321/2023/75(1)(b))

Mbonani v Cars for Africa (Pty) Ltd (NCT/303321/2023/75(1)(b)) [2024] ZANCT 63 (25 November 2024)

Court

National Consumer Tribunal

Case number

NCT/303321/2023/75(1)(b)

Judges

M Peenze, A Potwana, S Mbhele

The Tribunal found that the applicant failed to provide evidence of a purchase agreement with the respondent supplier and relied solely on the instalment agreement with Standard Bank. The respondent sold the vehicle to Standard Bank, not directly to the applicant, and Standard Bank retained ownership as security for the debt. The Tribunal held that the instalment agreement is excluded from the CPA by section 5(2)(d), and the rights and obligations arising from it are regulated by the National Credit Act. As no consumer agreement existed between the applicant and the respondent, the Tribunal l…

Source excerpt

• Consumer Protection Act
• Implied Warranty Of Quality
• Credit Agreements
• Jurisdiction Of Tribunal
• Joinder Of Parties

Chagonda v Tshuki and Another (NCT/344460/2024/141/(1)(b))

Chagonda v Tshuki and Another (NCT/344460/2024/141/(1)(b)) [2024] ZANCT 51 (15 November 2024)

Court

National Consumer Tribunal

Case number

NCT/344460/2024/141(1)(b)

Judge

S Hockey

The Tribunal refused leave to refer a debt-review complaint because the placement occurred in 2011 and the claim was time-barred under section 166(1) of the NCA.

• National Credit Act
• Debt Review
• Time Bar
• Leave To Refer
• Jurisdiction Of Tribunal
• Debt-review

Heyns v Valotech CC Trading As Divorce Settlement Services CC and Another (NCT/338482/2024/75(1)(b) CPA)

Heyns v Valotech CC Trading As Divorce Settlement Services CC and Another (NCT/338482/2024/75(1)(b) CPA) [2024] ZANCT 47 (17 October 2024)

Court

National Consumer Tribunal

Case number

NCT/338482/2024/75(1)(b) CPA

Judge

C Sassman

The Tribunal dismissed a leave-to-refer application under the CPA, finding it had jurisdiction to consider the matter but not to award damages or set general fee caps.

• Consumer Protection Act
• Leave To Refer
• Jurisdiction Of Tribunal
• Contractual Damages
• Consumer-protection-act
• Leave-to-refer

Gwabeni v Peng Investments (Pty) Ltd trading as Haval Hatfield (Condonation Ruling) (NCT/280884/2023/75(1)(b))

Gwabeni v Peng Investments (Pty) Ltd trading as Haval Hatfield (Condonation Ruling) (NCT/280884/2023/75(1)(b)) [2023] ZANCT 43 (10 October 2023)

Court

National Consumer Tribunal

Case number

NCT/280884/2023/75(1)(b)

Judge

A Potwana

The Tribunal refused condonation for late filing, finding the underlying consumer complaint was outside the three-year statutory limit and had no prospects of success.

• Condonation
• Late Filing
• Consumer Protection Act
• Prospects Of Success
• Jurisdiction Of Tribunal
• Late-filing

National Consumer Commission v Wynberg Used Cars (Pty) Ltd (NCT/278553/2023/73(2)(b))

National Consumer Commission v Wynberg Used Cars (Pty) Ltd (NCT/278553/2023/73(2)(b)) [2023] ZANCT 41 (29 September 2023)

Court

National Consumer Tribunal

Case number

NCT/278553/2023/73(2)(b)

Judges

MC Peenze, P Manzi-Ntshingila, A Potwana

The National Consumer Tribunal dismissed a CPA referral as time-barred, holding that complaints about vehicle repairs arose more than three years before the application.

• Consumer Protection Act
• Jurisdiction Of Tribunal
• Statutory Time Bar
• Default Judgment
• Consumer-protection-act
• Tribunal-jurisdiction