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Slepica v Sandton Autobody, Daytona Group (Pty) Ltd (NCT/133283/2019/75(1)(b)) [2021] ZANCT 21 (20 July 2021)
The Tribunal upheld points in limine for misjoinder and non-joinder and dismissed the application against Daytona (Pty) Ltd, with no order as to costs.
Maphutse v Motodeal Park (Pty) Ltd t/a Motor Deal Premium and Another (40586/2016) [2019] ZAGPJHC 492 (3 December 2019)
The court held that section 69 of the Consumer Protection Act establishes a hierarchy of remedies that must be exhausted before a consumer may approach the court. The applicant failed to allege and prove compliance with all alternative dispute resolution options as required by section 69(1)(a)-(c). The statutory framework is peremptory, and judicial intervention is only permissible as a last resort after all prescribed mechanisms have been pursued. The court's jurisdiction is therefore ousted at this stage, and the application is dismissed without a determination on the merits. Each party is…
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