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South Africa decisions
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Vatsha v Shalom Motors (Pty) Ltd (NCT/95174/2017/75(1)(b)) [2018] ZANCT 67 (15 May 2018)
The Tribunal granted leave to refer a consumer complaint after a non-referral notice, finding reasonable prospects of success and substantial importance.
McCarthy Limited v Profpro (Pty) Ltd (13651/2012) [2016] ZAGPPHC 919 (15 September 2016)
The High Court held that payment to the respondent’s legal advisor counted as payment to the respondent, and ordered delivery of Natis documents and transfer papers.
Joroy 4440 CC t/a Ubuntu Procurement v Potgieter N.O. and Another (4161/2015) [2016] ZAFSHC 10; 2016 (3) SA 465 (FB) (28 January 2016)
The court found that section 69(d) of the Consumer Protection Act is clear and unambiguous: a consumer may only approach a court if all other remedies available in terms of national legislation have been exhausted. The applicant failed to allege or prove that such remedies had been exhausted, rendering the cause of action incomplete. The court declined to refer the matter to another dispute resolution forum, as section 69 does not provide for such a referral. The application was refused on procedural grounds, without a determination on the merits. Each party was ordered to pay its own costs,…
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