A former senior government official, Mzukisi Lubabalo Ndara, is bringing a long-standing legal battle against Wesbank to South Africa’s Constitutional Court, claiming fraudulent practices dating back to November 2004. The case centres around the purchase of a 2004 Nissan X-Trail 2.2 D Manual, which Ndara alleges was grossly overcharged by both the dealership and the bank.
Ndara’s legal fight stems from a dispute over the vehicle’s pricing. While the Nissan X-Trail was priced at R270 000, Ndara claims he was charged R297 990 for a model that was not the one he agreed to purchase. His preferred vehicle, a used car, was allegedly swapped for a more expensive, new Nissan X-Trail 2.5 Petrol A/T, without his consent. Furthermore, Ndara claims that the dealership inflated the final price to R333 000, adding unnecessary extras that were never fitted to the vehicle.
Adding to the complexity of the case, Ndara asserts that finance charges totalling R15 000 were added to the transaction, alongside an instalment plan of R8 000 per month—charges that he believes were fraudulent. Now, two decades later, he is suing for R50 million in damages, citing the toll the case has taken on his personal and professional life. He claims the stress from the ongoing dispute led to the loss of his government job and the tragic death of his wife.
The case has seen a long and complicated journey through the courts. The High Court in Makhanda ruled against Ndara in March 2015, dismissing the case on the grounds of prescription, as it was filed too late. However, Ndara contests that this ruling acknowledges Wesbank’s role in the alleged fraud but argues that it should not be dismissed based on the passage of time, as the dispute itself has never been resolved.
Ndara also claims that he was never shown or signed the offer to purchase document, which he argues constitutes misrepresentation. According to him, there was no “meeting of minds” in the transaction, which should invalidate the agreement.
Despite numerous setbacks in the legal proceedings, including an unsuccessful application for leave to appeal in 2020 and a denial of his appeal by the Constitutional Court in 2024, Ndara remains resolute in his pursuit of justice. He believes his constitutional rights have been violated, particularly under Sections 34 and 39(2) of the Bill of Rights, and is seeking a rescission of the order dismissing his case. The matter is still pending before the Constitutional Court.
Despite multiple attempts, there has been no response from Jaen Van Aardt, the dealer principal at the centre of the allegations. Additionally, Wesbank, citing privacy laws, has refused to disclose any details regarding Ndara’s agreement.
This ongoing case highlights the challenges consumers face when dealing with large financial institutions, and the long-lasting impact of alleged fraudulent practices.
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