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The National Consumer Commission on Tuesday said all was not lost despite the court's ruling involving former auction alliance boss Rael Levitt.
The Western Cape High Court on Monday set aside three summonses issued to Levitt.
He stepped down as CEO earlier in 2012 following allegations of auction rigging.
The commission found him guilty of contravening certain aspects of their legislation, but cleared him of fraud.
Levitt, auction house chairman Sango Ntsaluba and chief financial officer and acting CEO, Bruce Sneddon, were summoned to appear before the commission on 4 May after businesswoman, Wendy Appelbaum, lodged a complaint with the commission in January.
Instead of appearing before the commission, the three men took the matter to court.
They were arguing the summonses were invalid and unconstitutional on the basis that the commission had already made a ruling and the investigation was complete.
The commission's Mamodupi Mohlala said this was not the end of its investigation, but admitted that budget constraints could be a problem.
“I think we have a strong case to appeal, but do not have the budget.”
On Monday, Levitt said he felt vindicated as he had always believed the commissioner had exceeded her powers.
(Edited by Lindiwe Mlandu)