Man's 20-year fight

DISPUTE: USED CAR LEGAL BATTLE IS NOW BEFORE THE CONCOURT

- Ciaran Ryan

In November 2004, former department of health communications executive Mzukisi Ndara bought a used 2004 Nissan X-Trail but was charged for a new one – as well as extras he didn’t request.

He asked WesBank to cancel the sale as it was based on what he says were fraudulent misrepresentations, but the bank refused.

He’s been fighting the case for 20 years at an astonishing personal cost.

He was blacklisted, had his credit facilities revoked, lost two houses as a result and was forced to resign from his government job. He also lost his wife, which he says was largely due to the depression she suffered from the family’s deteriorating financial position.

Lengthy legal battle

The case that has likely cost millions of rands for both sides has wound itself gone from the Eastern Cape High Court which ruled in 2015 that his claim had prescribed (run out of time) - to the Supreme Court of Appeal and then to the Constitutional Court, all of them agreeing with the high court decision.

The Prescription Act sets a time limit of three years to bring an action of this nature, to which Ndara responded he only became fully aware of all the facts in 2013 - in which case his claim against bank had not prescribed.

In August this year, the Constitutional Court dismissed Ndara's appeal against this judgment, ruling in favour of WesBank and Weir Investments, the motor dealer.

Now Ndara has applied once again to the ConCourt to have the earlier high court decision rescinded.

It hasn't all been one-way traffic in WesBank's favour in the courts. In 2014, the Eastern Cape High Court dismissed WesBank's application to have the matter dismissed.