Judgment re-opens 14-year-old vehicle battle
An Eastern Cape High Court judgment has reignited a 14 year-old battle between a government spokesperson, a vehicle dealership and Wesbank, says a Mail & Guardian Online report. Mzukisi Ndara, the spokesperson of the province’s Deputy Labour Minister, alleged that as a result of fraud by the bank and the King William’s Town Datsin Nissan dealership, he lost his creditworthiness, his job and had to let go of two houses.
He is claiming R10m in damages.
The case had initially been dismissed and an application for leave to appeal was refused. But Eastern Cape High Court (Mthatha) Judge Buyiswa Majiki last week reversed the dismissal of leave to appeal.
Majiki rescinded the earlier order because – at the time of the hearing – a proper notice of set down had not been sent to Ndara, and the date for sitting given by Judge Elna Revelas in August 2015 did not conform to Eastern Cape division’s rules, which require 10 days from announcement to hearing.
Ndara claims that the dealership and the bank fraudulently entered into a contract with him in 2004 to purchase a new Nissan X-trail SUV when in fact the car he bought had 6 700km on it.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
