Lewis Stores (Pty) Ltd v Summit Financial Partners (Pty) Ltd and Others

Summit Financial Partners (Pty) Ltd, a registered alternative dispute resolution agent and debt counsellor, lodged a complaint with the National Credit Regulator (NCR) alleging that Lewis Stores (Pty) Ltd, a national furniture and appliance retailer, had repeatedly engaged in prohibited conduct under the National Credit Act 34 of 2005 by imposing compulsory and unreasonable delivery charges contrary to section 102. The NCR accepted and investigated the complaint but ultimately issued a certificate of non-referral. Summit then sought leave from the National Consumer Tribunal to refer the complaint directly to it in terms of section 141(1)(b) of the Act. The Tribunal granted leave. Lewis unsuccessfully appealed that ruling to the Gauteng Division of the High Court and thereafter appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel.

The case clarifies the procedural framework under the National Credit Act for direct referrals to the National Consumer Tribunal after a certificate of non-referral by the NCR. It confirms that Tribunal decisions granting leave under section 141(1)(b) are not appealable and emphasises the Act’s objective of speedy and informal consumer dispute resolution, limiting interlocutory challenges that could delay enforcement of consumer rights.