WesBank Client Mzukisi Ndara has lashed out at the Constitutional Court following its order in his ongoing case against the financial provider and Weir Investment. Picture: Supplied
WesBank Client Mzukisi Ndara has lashed out at the Constitutional Court following its order in his ongoing case against the financial provider and Weir Investment.
Ndara made these remarks in his application for the relief of the court delivered on August 29, 2024.
He said the ruling should be rescinded and reconsidered.
The Constitutional Court ruled in favour of WesBank and Weir Investment.
This was after the court refused Ndara’s application for condonation following his delay in bringing the application for leave to appeal.
Ndara also wants to provide him with an opportunity to have his fundamental dispute with the respondents about the validity of the installment sale agreement.
He said this should be resolved by applying the law and decided in a fair public hearing before a court.
Ndara said although the applications have been unsuccessful in the various courts, the matter has never been decided on merits.
He said this matter has always been stifled by technical defences, which he suspects were attempts to ensure the case never sees a light of day in court.
He said his rights in Section 34 of the Constitution have been undermined as the respondents have not been able to defend themselves and test the allegations levelled against them.
Weir Investment is a car dealership cited as the first response in this case. WesBank, which provided finances, was cited as the second respondent.
This started when Ndara, a former senior manager at the Health Department in the Eastern Cape, entered into an installment sale agreement to purchase a used 2004 Nissan X-Trail 2.2d SE.
The vehicle was valued at R270 000, but Ndara allegedly purchased it for R297 990 after the bank and dealership misled him.
The vehicle was a manual and diesel model that had travelled 6 470m.
Ndara previously told the Sunday Independent that his family suffered depression after he was forced to sell properties when WesBank placed him on a blacklist.
He said his wife lost her life in the process.
WesBank head of marketing and communication Lebogang Gaoketse said the Constitutional Court ruling affirmed the bank’s position, denying the allegations made by Ndara.
“The matter was tested in various courts, including the apex in the land, and all have dismissed his claims,” said Gaoketse.
Weir Investment did not respond.
However, Ndara, in the court papers, insisted that twenty years after the contested contract was concluded, the fundamental dispute has yet to be adjudicated in an open court.
“I hold this honourable court in high regard as a durable and resilient organ of the state that dispenses justice fairly and impartially and has the unenviable task of safeguarding and reinforcing the rule of law, without fear, favour, or prejudice in our nascent constitutional democracy. In my humble observation, this court has acquitted itself admirably in this regard hitherto,” he said.
Ndara said his approach to the Constitutional Court was not one of discourtesy, disrespect, or absence of defence. He said this was rather an approach couched in humility, sobriety and instead a conscientious reflection, that in hindsight even in the most perfect systems, human fallibility, glitches, or even errors of judgment are not inconceivable.
“I am acutely aware and cognisant that an application such as the one I am making herein requires not only careful consideration but also a genuine intent and capacity on the part of an applicant to show good cause why it should be entertained and why it deserves the consideration and eventually the judicial injunction of this honourable court.”
“I must state that I am not only convinced, but I am also equally confident that this honourable court will consider this matter fairly, impartially, and judicially, in its capacity as the ultimate custodian and guardian of the supreme of the Republic - the Constitution,” Ndara said.
He added that the courts are independent and subject only to the Constitution and the law, which they must apply impartially and without fear, favour, and prejudice.
“I am advised and verily believe the manner in which my application for leave to appeal has never been concluded by this court is at odds with the case law of this court where a prescription has been pleaded and where fraud has pleaded.”
manyane.manyane@inl.co.za
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