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South Africa decisions
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National Credit Regulator v Strydom and Another (NCT-274566-2023-137) [2023] ZANCT 31 (5 September 2023)
The Tribunal granted leave for the NCR to refer a debt-counselling fees complaint directly to it, finding a cognisable claim supported by documents.
Mphasane v Afropulse 145 (Pty) Ltd Trading as Kingdom Doors (NCT/237419/2022/75(1)(b)) [2022] ZANCT 46 (29 September 2022)
The Tribunal found that the applicant's delay in filing the application for leave was approximately three months beyond the statutory period. While the delay itself was not substantial, the decisive factor was the statutory time-bar under section 116 of the Consumer Protection Act, which prohibits the Tribunal from entertaining complaints more than three years after the cause of action arose. The applicant's complaint originated in June 2016, and the application was only filed in July 2022, well outside the permissible period. The Tribunal is bound by the High Court's interpretation that it h…
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National Consumer Commission v ACS Pre Owned (Pty) Ltd (NCT/222616/2022/73(2)(b) [2022] ZANCT 55 (6 August 2022)
The Tribunal held that a second-hand Mercedes-Benz sold by the respondent was defective, ordered a refund of the purchase price, and directed collection of the vehicle.
Gcakasi v NTT Motors East London (Pty) Ltd (NCT-147567-2019-75(1)(b)) [2022] ZACONAF 4 (6 June 2022)
The Tribunal dismissed a consumer’s claim for refund or replacement of a defective vehicle, finding he failed to prove CPA breaches and could not return the vehicle.
Carstens v Beukes and Others (NCT/133281/2019/75(1)(b)) [2020] ZANCT 20 (24 September 2020)
The Tribunal refused leave to refer a consumer complaint about a defective vehicle, finding the alleged defects were raised too late and the refund claim was outside its jurisdiction.
Smooth Coast Trading and Projects (Pty) Ltd v Lidsay Saker VW East Rand (NCT/131624/2019/75(1)(b)) [2019] ZANCT 95 (6 July 2019)
The Tribunal refused condonation for a late consumer application, finding the applicant lacked standing because the sales agreement had been cancelled and prospects of success were poor.
Mosana v Kempster Sedwick (Pty) Ltd t/a CMH Volvo Silver Lakes (NCT /95011/2017/75(1)(b)) [2018] ZANCT 93 (27 June 2018)
The Tribunal dismissed a consumer’s direct referral after finding she had standing, but no reasonable prospects of proving defects or poor repairs under the CPA.
BMW South Africa (Pty) Ltd v National Consumer Commission and Another (NCT/2679/2011/101(1)(P), NCT/2807/2011/101(1)(P), NCT/2806/2011/101(1)(P)) [2012] ZANCT 13 (5 July 2012)
The Tribunal held it had jurisdiction to hear a consolidation application, consolidated the two Bonn matters, and left the Rogers matter to proceed separately.
MTO Forestry (Pty) Ltd and Others v Competition Commission and Others (10/AM/Feb11) [2012] ZACT 4; [2012] 1 CPLR 201 (CT) (17 January 2012)
The Competition Tribunal held it had no jurisdiction to suspend merger conditions imposed by the Competition Commission in an intermediate merger approval.
Competition Commission v Pioneer Foods (Pty) Ltd (91/CAC/Feb10) [2010] ZACAC 2; [2010] 2 CPLR 195 (CAC) (15 October 2010)
The Competition Appeal Court granted leave to withdraw an appeal and cross-appeal after settlement discussions, and held that Tribunal orders cannot be privately altered post-judgment.
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