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Blow for R699 car scheme participants


Port Elizabeth High Court judge Dayalin Chetty has dismissed an application for a class action certification in the R699 car scheme case.

Local attorney, Duncan Heuer, brought the application on behalf of Johannes Bartosh, one of hundreds of South Africans who are hoping that the courts will declare their contracts with several banks null and void, following the collapse of the scheme.

In his judgement on Thursday, Chetty raised the "common thread" which he said resonated throughout the submissions by four of the country's top banks that "none of the requirements" for a class certification had been met.

He added that "no cause of action raising a triable issue had been disclosed" by the applicant.

Chetty said further that the "court did not have the necessary jurisdiction to adjudicate" the matter.

The Judge also slated the lawyer saying that an advertisement in the print and on internet to participate in the litigation was "to his mind a matter of aggrandisement pursued for self interest" and not the public interest.

The applicants are studying the judgement.