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Citation
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Judgment date
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| December 2022 |
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An 18‑month delay and an inadequate explanation led to refusal of condonation for late referral to the Tribunal.
National Credit Act /
Tribunal Rules – condonation for late referral after NCR non-referral (Item 29, Part 2A; Rule 34)
Condonation – discretionary - Melane and Van Wyk tests: degree and cause of delay, explanation, prospects of success, interests of justice. Inordinate delay and inadequate explanation justify refusal. No costs ordered
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21 December 2022 |
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Applicant failed to prove a material or safety defect in a used vehicle under the CPA; application dismissed, no costs.
Consumer Protection Act – sections 55, 56, 75 – implied warranty of quality and remedies (repair, replace, refund). Definition and proof of 'defect' and 'unsafe' – materiality and objective standard; need for expert/evidentiary proof. Six‑month remedy period under section 56(2) – timing and election of remedies. Relief sought (replacement of used vehicle) and feasibility for second‑hand goods; evidentiary burden on consumer
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20 December 2022 |
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Application dismissed: s129 notice properly sent via registered mail; applicant failed to prove non-compliance or entitlement to relief.
National Credit Act – s129 notice – service by registered mail to correct post office and issuing of first notification satisfies s129 requirements
Procedure – applicant’s failure to file replying affidavit: unchallenged respondent version applies (Plascon-Evans approach)
Jurisdiction – Tribunal may hear s141(1)(b) referrals despite parallel Magistrate’s Court proceedings, but merits must show NCA remedyable facts
Evidence – track-and-trace and sheriff’s return are sufficient to establish dispatch and service for s129 purposes
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18 December 2022 |
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Applicant lacked locus standi to litigate on behalf of the estate; application dismissed, no order as to costs.
Consumer law – locus standi under s4 CPA; authorised person acting for another; executor’s authority to litigate for estate; statutory and contractual warranties (dealer and parts supplier); procedural refusal of postponement.
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12 December 2022 |
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Claim for refund under s56 CPA dismissed because consumer did not exercise statutory six‑month remedy.
Consumer Protection Act s56 – implied warranty and six‑month remedy; requirement that consumer return goods or direct supplier to repair, replace or refund within six months; fixed statutory period cannot be extended; effect of third‑party repairs/sale on s56 remedy.
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9 December 2022 |
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Applicant failed to prove a material defect in the purchased vehicle; application dismissed, no costs.
Consumer Protection Act — sale of goods — alleged defective motor vehicle — material defect under s53(1)(a) — consumer’s right to safe, good-quality goods under s55 — warranty repairs — interaction with credit agreements (s5(2)(d)) — burden of proof and necessity of independent assessment (MIOSA recommendation) — remedy and limits of Tribunal’s powers.
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6 December 2022 |
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Leave refused: complaint was time‑barred under the NCA’s three‑year limitation, so direct referral denied.
National Credit Act – s141(1)(b) leave to refer – discretionary informal process; s166 – three-year limitation period – complaint time-barred; Tribunal lacks power to extend time.
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5 December 2022 |
| November 2022 |
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Pre‑owned vehicle sold with defects: supplier breached s55(2) and s56(2); refund ordered R96,700.
Consumer protection – implied warranty for goods (s55 & s56 CPA) – right to return defective goods within six months – refund/repair/replace remedies – default proceedings and deemed admissions – prohibited conduct under s150 NCA – Tribunal’s limits (no general damages or criminal findings).
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26 November 2022 |
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Application dismissed: claims barred by res judicata due to prior settlements, court judgment and Tribunal consent order.
Res judicata – debt-rearrangement settlements, consent orders and final court judgments bar re-litigation of the same reckless-lending issues in the Tribunal; Debt review (s86) is the proper mechanism to raise reckless-lending findings; Application of Regulation 23A(11) and agency allegations were raised but not adjudicated due to res judicata.
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24 November 2022 |
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Tribunal finds Regulation 23A(11) requires case‑by‑case assessment; credit providers need not generally verify declared living expenses.
National Credit Act – Affordability assessments – Regulation 23A(10) and 23A(11) – exceptional basis to accept declared minimum expenses below prescribed norms – no general duty to verify consumers’ declared living expenses – reliance on consumer disclosure – reckless lending complaints dismissed.
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17 November 2022 |
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Debt counsellor’s failure to inform and delay in court referral breached registration conditions, constituting prohibited conduct under the NCA.
Debt counselling — Conditions of registration (A2, A3, A9.2) — failure to inform consumer of proposal outcomes and consequences — delay in seeking court re-arrangement — charging fees upfront — prohibited conduct under NCA — remedy: certificate to pursue civil damages.
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4 November 2022 |
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A supplier who sells a defective second‑hand vehicle breaches the CPA; consumer entitled to refund and an administrative fine was imposed.
Consumer Protection Act — implied warranty of quality (s56) — consumer’s right to return defective goods within six months (s55(2), s56(2)) — supplier cannot contract out via "no guarantees" notation or require consumer‑funded diagnostics to avoid statutory remedies — prohibited conduct (s51) — administrative fine imposed for contravention.
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2 November 2022 |
| October 2022 |
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Leave refused: consumer’s application to refer debt‑review complaint was time‑barred under the NCA three‑year limitation.
National Credit Act – section 141(1) leave to refer – prescription under section 166 – three‑year limitation – Tribunal has no power to extend or toll limitation; Rule 13(5) deemed admissions where no answering affidavit; remedy under section 71(3) for clearance certificate.
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29 October 2022 |
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Condonation refused where complaint arose over three years earlier and Tribunal lacks jurisdiction to hear time‑barred referrals.
Consumer Protection Act s116(1)(a) – time-bar on referral of complaints more than three years after cause of complaint; Tribunal Rules r34 – condonation for late filing; Melane factors – degrees of lateness, explanation, prospects of success; High Court authority (FirstRand v Ludick) – Tribunal lacks jurisdiction for >3 year complaints.
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28 October 2022 |
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A non-aligned boot lid did not amount to a CPA defect; the applicant failed to prove prohibited conduct and the application was dismissed.
Consumer Protection Act – Meaning of "defect" (s53) – Objective test whether fault renders goods less acceptable or less useful, practicable or safe – Motus v Wentzel guidance. Goods quality and fitness for purpose – s55, s56 – requirements to show goods not of good quality or unfit for intended purpose
Remedies – s54(2)(b) and s115(2)(b) – entitlement to refund or civil notice contingent on proving prohibited conduct. Standard of proof – balance of probabilities (s117) and need for evidence of reasonable purchaser expectations
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28 October 2022 |
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Purposive interpretation: trade descriptions may be applied by accompanying documents and importers not automatically liable for exporters’ unlabeled goods.
Consumer Protection Act – section 24 and Regulation 6 – labelling of imported textiles – trade description, country of origin, fibre content and care labelling
Interpretation – purposive/contextual approach to CPA provisions to avoid absurd results (Cool Ideas principles). Trade description – may be applied by commercial documents displayed with or in proximity to goods (s24(1)(b)). Unfinished textile goods – care-labelling obligations and timing; importer’s ability to apply labels before customs release. Importer liability – not automatically liable for exporter’s failure; remedies require proof of prohibited conduct
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19 October 2022 |
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Interim return of vehicle denied where applicant failed to prove urgency and absence of substantial redress.
National Credit Act s149(1) – interim relief; urgency and absence of substantial redress; interim attachment preserves goods pending final determination; delay defeats urgency; balance of convenience.
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7 October 2022 |
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Tribunal refused leave as the complaint fell outside the NCA’s remedial jurisdiction and lacked reasonable prospects of success.
National Credit Act – s141(1)(b) – leave to refer a complaint directly to the Tribunal – wide discretion with no fixed test
Jurisdiction – Tribunal limited to matters and remedies provided in the NCA; cannot award constitutional damages or decide defamation claims. Credit refusals – s60 permits credit providers to refuse credit on reasonable commercial grounds; Tribunal cannot compel entry into credit agreements
Discrimination – alleged unfair discrimination under PEPUDA should be pursued in equality courts, not before the Tribunal
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6 October 2022 |
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6 October 2022 |
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Respondent breached the CPA implied warranty by selling a defective, unsafe vehicle; consumer entitled to full refund and vehicle recovery.
Consumer Protection Act – Part H – implied warranty of quality (ss 55, 56) – defects in second‑hand motor vehicle – consumer’s right to return, repair or refund within six months. Supplier obligations – disclosure of prior accident damage and responsibility to deliver safe, good‑quality goods. Alternative dispute resolution – MIOSA recommendations and industry code relevant to supplier’s obligations
Remedy – refund and vehicle recovery where repair is impractical; declaration of prohibited conduct under s150 NCA
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6 October 2022 |
| September 2022 |
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Three‑year statutory time bar under the CPA precludes Tribunal condonation; application refused.
Consumer Protection Act – section 75(1)(b) leave and Rule 34 condonation – assessment of delay, explanation and prospects – section 116 three‑year limitation bars complaints after three years – Tribunal bound by High Court in First Rand Bank v Ludick; no discretion to extend statutory time‑bar.
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29 September 2022 |
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Tribunal refuses to set aside compliance notice: PDA had reporting and payment non‑compliance; peremption inapplicable.
National Credit Act – s55 compliance notices – whether peremption applies to non‑judicial regulatory compliance notices; sufficiency of detail under s55(3). Payment distribution agents – duties: obligation to distribute fees per guidelines versus power to regulate or prescribe debt counsellor fees. Reporting obligations – requirement to provide accurate reports in the prescribed form; remediation does not nullify original contravention. Regulatory power – query as to whether fee guidelines are binding absent ministerial prescription (s45)
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20 September 2022 |
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Consumer entitled to full refund for defective, improperly installed blinds under the CPA; no administrative fine imposed.
Consumer Protection Act — sections 53, 54, 55 and 56 — defective goods and defective performance of services — entitlement to repair, replacement or refund within six months — supplier obligations for quality and installation of goods; administrative fine not warranted.
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19 September 2022 |
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Tribunal confirmed regulator’s settlement as a consent order for reckless credit practices and agreed remedial measures.
National Credit Act s138(1)(b) and s150 – Tribunal may confirm settlement agreements as consent orders without hearing evidence Consumer credit – failure to conduct affordability assessments; reckless credit agreements; statutory reporting non‑compliance Remedies – audit of agreements, removal of adverse listings, rescission/abandonment of judgments, refunds of cost of credit, administrative fine Procedural – confirmation of consent agreements as Tribunal orders
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13 September 2022 |
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Used vehicle sold with latent defects: supplier liable under sections 55–56 CPA; refund of purchase price ordered.
Consumer Protection Act – Part H (sections 53, 55, 56) – Implied warranty of quality – Used motor vehicle sold with latent/manifest defects – Supplier liability versus intermediary/agent – Remedy of repair, replacement or refund within six months – Refund ordered where vehicle defective and supplier refused relief.
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12 September 2022 |
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Tribunal refused leave to refer a reckless‑lending complaint as it lacked evidence and was time‑barred under s166(1) NCA.
Consumer credit – leave to refer under s141(1) NCA – Tribunal’s discretionary consideration of complaints following NCR non-referral. Consumer credit – reckless lending – requirement to prove new credit agreement or unlawful increase versus ongoing facility
Procedure – limitation of actions – s166(1) NCA three‑year prescription; Tribunal has no power to extend or interrupt time bar
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12 September 2022 |
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Respondent repeatedly failed affordability assessments, engaged in reckless lending; registration cancelled and sampled agreements set aside.
National Credit Act – Regulation 23A – affordability assessments – failure to obtain credit bureau reports, verify income and living expenses – reckless lending (sections 81(3), 80(1)(a) and 80(1)(b)(ii)) – cancellation of registration – splitting of loans not per se prohibited – appointment of auditor and remedial consumer relief.
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7 September 2022 |
| August 2022 |
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The applicant's referral was dismissed as time-barred under s116 CPA; evidence was also insufficient to establish contraventions.
Consumer Protection Act – section 116 – three-year limitation on referring complaints to the Tribunal – time-bar applies strictly and cannot be extended
Consumer Protection Act – section 73(2)(b) – referral to Tribunal following investigation
Consumer Protection Act – section 65 – supplier duty to hold and account for consumer property
Consumer Protection Act – section 15 – pre-authorisation requirement for repair services and estimates. Civil procedure – service and default proceedings – defective service and consideration on a default basis. Binding precedent – High Court authority constraining Tribunal’s power to extend limitation periods
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16 August 2022 |
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Leave to refer was refused because the consumer's claim prescribed under section 116 of the Consumer Protection Act.
Consumer Protection Act – section 75(1)(b) – leave to refer to Tribunal; Limitation – section 116 – three-year prescription bar to bringing complaints; Tribunal discretion in direct referrals; Effect of High Court authority that Tribunal cannot interrupt prescription.
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2 August 2022 |
| July 2022 |
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Tribunal dismissed refund claim: a repairable tipping-valve fault did not amount to a statutory defect justifying refund or replacement.
Consumer Protection Act – sections 20, 53, 55, 56 – when a fault constitutes a statutory "defect" warranting refund or replacement; Motion proceedings – disputes of fact on affidavits – Plascon-Evans rule; Jurisdiction/locus standi – purchaser entity vs individual consumer (abandoned on hearing).
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25 July 2022 |
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Compliance notice set aside where it was addressed to a non-existent entity and unlawfully ordered refund and interest.
Consumer Protection Act — review of compliance notice — notice addressed to incorrect/non-existent entity; locus standi and validity of administrative notices; s56(2) remedies (repair, replace, refund) — limits on Commission’s power to order refunds/interest where consumer elects repair but repairs independently; Tribunal proceeding on default where Respondent does not oppose.
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20 July 2022 |
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Misleading marketing and failure to repair/refund a defective water system breached multiple CPA provisions; continuing conduct avoided prescription.
Consumer Protection Act – misleading marketing and false representations – sale of defective water desalination system – contraventions of ss 20(2)(d), 29, 41, 55 and 56 – continuing conduct and prescription under s116 – default proceedings and admissibility of evidence – administrative penalty imposed.
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19 July 2022 |
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Applicant’s consumer referral barred by CPA’s three-year limitation; leave to refer refused.
Consumer Protection Act – s75(1)(b) leave to refer – s116 three-year limitation – prescription bars Tribunal jurisdiction – Tribunal bound by High Court on inability to interrupt prescription.
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18 July 2022 |
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Tribunal found repeated contraventions of the NCA, declared conduct prohibited, ordered auditor appointment and R20,000 fine.
National Credit Act – consumer protection – failure to provide pre‑agreement documentation and prescribed credit agreements – failure to conduct or retain affordability assessments – reckless lending – failure to submit Forms 39/40 and required records – declaration of prohibited conduct (s150) – appointment of auditor and administrative fine.
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12 July 2022 |
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Tribunal refused condonation because the complaint had prescribed under section 116 of the Consumer Protection Act.
Consumer Protection Act s116 – three‑year limitation on bringing complaints to the Tribunal – strict application and no discretion to extend. Rule 34 condonation – Melane factors (degree of lateness, explanation, prospects of success). Tribunal bound by High Court (FirstRand v Ludick) – time before MIOSA/NCC does not extend s116 period. CPA does not incorporate Prescription Act or 'reasonable awareness' exception
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11 July 2022 |
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Compliance notice cancelled; importer permitted to remedy inadvertent mislabelling rather than return or destroy goods.
Consumer Protection Act — Product labelling and trade descriptions — Sections 24(1)(a), 24(2)(a) and regulation 6(1)(a)(i) — Compliance notices — Purpose, proportionality and remedial discretion — Inadvertent mislabelling; importation timing argument raised late and not considered.
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10 July 2022 |
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Complaint prescribed under s116 because cause of complaint (delivery of allegedly defective vehicle) occurred over three years before referral.
Consumer Protection Act – prescription – section 116(1)(a) – cause of complaint arises on delivery of goods; three‑year limitation period
Consumer Protection Act – supplier obligations – section 55 (goods must be suitable, of good quality and durable)
Consumer Protection Act – implied warranty – section 56(1)–(2) – consumer must return goods to supplier and supplier’s opportunity to repair; effect of third‑party intervention
Jurisdiction – Tribunal cannot adjudicate prescribed complaints; continuing conduct argument to reset limitation must be substantiated
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10 July 2022 |
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Leave to refer a vehicle-defect complaint refused for lack of reasonable prospects under the CPA.
Consumer Protection Act – s75(1)(b) leave to refer – Tribunal’s discretion to permit direct referral – consideration of prospects of success and regulator’s non-referral
CPA – ss55–56 six‑month rule for defects – application to vehicle defects and statutory remedies
CPA – ss54 and 57 – service standards and limited warranty for replaced parts; replacement remedy not established
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7 July 2022 |
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Tribunal found repeated NCA breaches—reckless lending, unlawful fees and advertising—and ordered R500,000 fine, auditor appointment and refunds.
National Credit Act – unlawful advertising; failure to conduct affordability assessments – reckless credit granting – loan splitting and unlawful fees – failure to submit statutory returns – administrative penalty despite voluntary liquidation – appointment of auditor and consumer refunds.
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6 July 2022 |
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Tribunal found repeated prohibited conduct: reckless lending, unlawful possession of consumer instruments, cancelled registration and imposed fines.
National Credit Act – reckless credit (ss 80, 81 and reg 23A) – failure to obtain credit bureau reports, verify income, calculate discretionary income and use minimum expense norms; pre‑agreement and agreement form non‑compliance (ss 92, 93; regs 28, 30); excessive interest (ss 100,101; reg 42); unlawful possession of consumers’ instruments (ss 133, 90); record‑keeping and returns breaches (ss 52,170; regs 55,56,62,64,66) – cancellation of registration, set aside of agreements, audit, refunds and administrative fine.
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1 July 2022 |
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Tribunal confirmed a consent order under s138(1)(b) addressing respondent’s credit law contraventions and remedial measures.
National Credit Act – s138(1)(b) confirmation of settlement as consent order; s150 powers to make orders; credit provider contraventions – overcharging, inadequate affordability assessments, non‑compliant agreement format, unlawful terms, reporting failures; remedial measures – audits, refunds, removal of adverse listings, rescission of judgments, administrative fine.
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1 July 2022 |
| June 2022 |
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Default finding: defective refrigerator within six months entitles applicant to refund under the CPA.
Consumer Protection Act ss55, 56 – implied warranty and right to return goods within six months – defectiveness and acceptable quality – default proceedings: failure to file answering affidavit deemed admission of applicant’s allegations – appropriate remedy (refund) and post‑refund collection by retailer.
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27 June 2022 |
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Supplier’s unauthorised repairs and disposal of consumer’s vehicle breached the CPA; tribunal awards reimbursement and costs.
Consumer Protection Act – unauthorised repairs – supplier must obtain estimate and consumer authorisation (s15(2)(a))
Consumer Protection Act – right to quality service and return of property – timely performance, quality and return of property (s54)
Consumer Protection Act – handling of consumer’s property – supplier’s duties and liability where property is lost or disposed of (s65(2))
National Credit Act – Tribunal powers to order reimbursement and administrative fines; insufficient evidence for fine (ss150–151). Default proceedings – where respondent does not oppose, allegations may be deemed admitted (Rule 13)
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24 June 2022 |
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Failure to conduct affordability assessments, charging excessive costs and unlawful default provisions led to cancellation, fines, audit and reimbursement orders.
National Credit Act – credit provider obligations – affordability assessments, pre-agreement disclosure, form of agreements, prohibited/default charges, and reporting requirements. Reckless lending – failure to obtain credit bureau reports/proof of income – agreements declared reckless and set aside. Cost of credit – charging above prescribed interest and fees – contravention of sections 100, 101 and regulations 42–44
Enforcement – cancellation of registration, administrative fine, audit and consumer reimbursement ordered under sections 57, 80, 150, 151
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17 June 2022 |
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Tribunal found repeated NCA contraventions (reckless lending, overcharging) and ordered fines, refunds, audit and interdiction.
National Credit Act – registration lapse – offering credit while unregistered – effect: agreements unlawful/void
NCA – affordability assessments and reckless lending – failure to assess disposable income and over-indebtedness. Fees and insurance – credit life insurance and supplementary fees charged above prescribed limits; unlawful promissory notes/supplementary agreements
Enforcement – prohibited conduct, administrative fines, interdiction, audit, refunds and rescission of judgments. Regulatory compliance – failure to submit statutory returns
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13 June 2022 |
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Applicant failed to prove reckless lending; bank's affordability assessments and inclusion of transfers as income were upheld.
National Credit Act – Reckless credit (s80) – whether credit limit increases constituted reckless lending; application of s80(1) and s80(2). Affordability assessments (s81) – reliance on declared income, credit bureau information and bank statements; consumer duty to answer requests for information. Income definition (s78(3)) – includes income regardless of source, frequency or regularity; inter-account transfers and prospective forex receipts may be considered
Onus – consumer bears onus to prove reckless lending; bald allegations must be supported by verificatory detail
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12 June 2022 |
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Tribunal cancelled the respondent’s credit‑provider registration for repeated reckless lending and non‑compliance, set aside agreements, and fined R200,000.
National Credit Act – Reckless lending – failure to obtain/use credit bureau reports and to conduct affordability assessments; non‑compliance with prescribed pre‑agreement and agreement forms; unlawful service fees; failure to submit returns; cancellation of registration; setting aside of reckless agreements; administrative fine; auditor appointment for refunds/write‑offs.
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10 June 2022 |
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Tribunal found repeated NCA contraventions: reckless lending, unlawful loan-splitting, unauthorised salary deductions; registration cancelled and fine imposed.
National Credit Act – affordability assessments (s81 and Reg 23A) – reckless lending (s80, s81(3)) – loan splitting and overcharging (Reg 42, Reg 44, ss100–105) – unlawful salary deductions without authorisation (s124, s90(2)(n)) – failure to submit Form 39/40 (Reg 64/66, s52(5)(c)) – prohibited conduct – cancellation of registration – administrative fine – auditor appointment and consumer refunds.
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10 June 2022 |
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Tribunal found repeated NCA contraventions, declared certain agreements reckless, cancelled registration, ordered refunds, auditor, and a fine.
National Credit Act — reckless lending and affordability assessments (ss 80, 81); failure to provide prescribed pre‑agreement disclosure and agreement forms (ss 92, 93); overcharging of costs of credit (ss 100, 101); record‑keeping and returns obligations; Tribunal default procedure and deemed admissions; limits on auditor‑driven enforcement without judicial order.
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10 June 2022 |
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Unexplained, inordinate delay in filing an answering affidavit justified refusal of condonation; appeal dismissed.
National Credit Act – condonation for late filing of answering affidavit – applicant must show good cause; apply Melane and Van Wyk factors. Procedural fairness (audi alteram partem) does not alone justify condonation where rules are not complied with. Applicants must provide full, reasonable explanation for entire period of delay; prospects of success insufficient to outweigh inordinate unexplained delay
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8 June 2022 |