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IN THE CONSUMER AFFAIRS COURT FOR THE PROVINCE OF GAUTENG

HELD AT JOHANNESBURG

 

CASE NO:  GCC/05/2021

 

In the matter between:

 

MAPULE NTULI                                                                    Plaintiff

 

and

 

SOUTH STREAMS CONSTRUCTION                                  Defendant

 

 

JUDGMENT

 

 

The matter was heard in an online format.  The Plaintiff was represented by the Consumer Protector.  The Defendant was absent during the proceedings, due to a scheduled cataract extraction and intraocular lens insertion of his left eye scheduled for 25 January 2022.  The Defendant notified the Consumer Protector of his absence on 24 January 2022 by way of a WhatsApp message, requesting a postponement until after February 2022.

 

The members of the Gauteng Consumer Affairs Court rejected the Defendant’s request for the following reasons:    The notice of set-down was served on the Defendant on 21 December 2021.  The Defendant received notification of the abovementioned procedure on 15 January 2022.  The Defendant therefore elected a last-minute notification the day before the trial. 

The decision to proceed in the absence of the Defendant was further supported in view of an earlier Settlement Agreement, confirmed by the Gauteng Consumer Affairs Court, discussed below.

 

On 19 April 2021 the Plaintiff and the Defendant entered into a Settlement Agreement whereby the Defendant undertook to make payment to the Plaintiff in the amount of R13 156,40 (Thirteen Thousand One Hundred and Fifty Six Rand and Forty Cents) on or before 13 May 2021.  The Settlement Agreement was made an order of the Gauteng Consumer Affairs Court on 9 June 2021.

 

During the hearing, evidence by the Plaintiff, Ms Mapule Ntuli, and her daughter, Ms Petunia Jabulile Ntuli, indicated that the Defendant failed to make payment in terms of the Settlement Agreement.

 

FINDING:

 

The Defendant engaged in prohibited conduct as defined in terms of section 1 of the Consumer Protection Act, No 68 of 2008.

 

The Defendant engaged in an unfair business practice as defined in terms of section 1 of the Consumer Affairs (Unfair Business Practices) Act, No 7 of 1996.

 

IT IS HEREBY ORDERED THAT:

 

1.   The Defendant shall pay the Plaintiff the amount of R13 156,40 (Thirteen Thousand One Hundred and Fifty Six Rand and Forty Cents) within 20 (twenty) days of this order.

 

2.   The Defendant shall pay the Plaintiff interest on the amount of R13 156,40 (Thirteen Thousand One Hundred and Fifty Six Rand and Forty Cents) at the prescribed rate of interest, calculated from the date of this order to the date of payment.

 

 

ORDERED as such at JOHANNESBURG on 25 January 2022.

…………………………………

Prof. M A du Plessis

CHAIRPERSON

MEMBERS Z Mpungose and P Opperman concur

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