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South Africa Case Law

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Administrative Law [2013] ZANCT 6

Accordian Investments (Pty) Ltd v National Consumer Commission (NCT/4061/2012/60(3) & 101(1)(P)CPA)

Accordian Investments (Pty) Ltd v National Consumer Commission (NCT/4061/2012/60(3) & 101(1)(P)CPA) [2013] ZANCT 6 (27 March 2013)

Court
National Consumer Tribunal
Case number
NCT/4061/2012/60(3) & 101(1)(P)CPA
Judges
D Terblanche, P Beck, X May

The Tribunal found that the CPA does not apply to the transaction between the applicant and the complainant, as it was concluded before the general effective date of the Act. Only certain sections of the CPA may apply to goods or services supplied after the effective date, but the evidence did not establish that the applicant contravened those sections. The Tribunal held that the Commission failed to conduct a proper investigation into the complaint, which is a jurisdictional prerequisite for issuing a compliance notice. The compliance notice was defective as it did not set out the nature and…

Source excerpt

  • Consumer Protection Act
  • Compliance Notice Review
  • Procedural Fairness
  • Retrospective Application
  • Administrative Action
  • Powers Of Regulator
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Administrative Law [2012] ZANCT 22

CJ Digital SMS Marketing CC v National Consumer Commission (NCT/3584/2011/101(1))

CJ Digital SMS Marketing CC v National Consumer Commission (NCT/3584/2011/101(1)) [2012] ZANCT 22 (1 October 2012)

Court
National Consumer Tribunal
Case number
NCT/3584/2011/101(1)
Judges
T Woker, B Dumisa, F Manamela

The Tribunal found that the Respondent did not follow the prescribed procedures under the Consumer Protection Act prior to issuing the compliance notice. There was no evidence of a completed investigation, and the compliance notice was issued primarily because the Applicant refused to reach a consent agreement, not because prohibited conduct was established. The compliance notice failed to comply with section 100(3) as it did not specify steps to remedy non-compliance but simply ordered a refund. The Tribunal held that ordering a refund via compliance notice exceeded the Respondent's powers,…

Source excerpt

  • Consumer Protection Act
  • Compliance Notice Review
  • Procedural Fairness
  • Ulterior Purpose
  • Damages Claims
  • Powers Of Regulator
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.