(1) Unless the
Commissioner has, pursuant to section 36, advised the dealer and the purchaser
that he proposes to determine the dispute, where a dispute arises as to any
matter or thing referred to in that section, either party may apply to the
Magistrates Court for the dispute to be heard and determined as a proceeding
in that court and upon such an application being made the court shall hear and
determine the matter as expeditiously as possible.
(2) For the purposes
of a proceeding referred to in subsection (1) and subject to this subsection
the Magistrates Court shall have and may exercise all the powers and functions
conferred on the Commissioner under section 37 and that section shall apply
and have effect as if in that section there were substituted for each
reference to the Commissioner a reference to the Magistrates Court, but
—
(a) this
section does not authorise or empower the Magistrates Court to appoint some
other person to hear and determine the dispute; and
(b) the
provisions of section 37A do not apply to or in relation to any proceeding in
the Magistrates Court under this Act.
[Section 38 amended: No. 49 of 1979 s. 19; No. 55
of 2004 s. 778; No. 59 of 2004 s. 141.]
[ 39. Deleted: No. 49 of 1979 s. 20.]
[ 40. Deleted: No. 4 of 2002 s. 62.]
[Heading inserted: No. 87 of 1981 s. 15.]