Bezuidenhout v Absa Bank Limited (NCT/292129/2023/141(1)(b)) [2025] ZANCT 21 (8 April 2025)

Bezuidenhout v Absa Bank Limited (NCT/292129/2023/141(1)(b)) [2025] ZANCT 21 (8 April 2025)

The Tribunal found that the National Credit Act obligates credit providers to provide certain documents to consumers, such as pre-agreement statements, credit agreements, and periodic statements. However, the documents requested by the applicant, including credit application documents, emails, letters, and a Multiplan agreement, do not fall within the ambit of documents the NCA compels the respondent to provide. The respondent acted reasonably in attempting to accommodate the applicant's requests and provided available documents. There was no evidence of contravention of the NCA by the respondent. Regarding costs, the Tribunal held that there were no exceptional circumstances warranting a...

Citation
[2025] ZANCT 21
Parties
Applicant: Aubrey Bezuidenhout; Respondent: ABSA Bank Limited
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
8 April 2025
Case Number
NCT/292129/2023/141(1)(b)
Procedural Posture
Review Application / Opposed Application for Relief Under Section 141(1)(b) of the NCA
Outcome
Application dismissed; no cost order granted.
Judges
C Sassman, S Mbhele, A Potwana
Legal Topics
National Credit Act, Consumer Rights, Document Disclosure, Cost Orders, Affordability Assessment
Banking and Finance Civil Procedure National Credit Act Consumer Rights Document Disclosure Cost Orders Affordability Assessment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Aubrey Bezuidenhout

Applicant

ABSA Bank Limited

Respondent

Procedural Posture

Review Application / Opposed Application for Relief Under Section 141(1)(b) of the NCA

Legal Issues

  1. 1 Whether the respondent was obliged under the National Credit Act to provide the applicant with the requested documents.
  2. 2 Whether the respondent contravened any provisions of the National Credit Act in its dealings with the applicant.
  3. 3 Whether the circumstances justify a cost order against the applicant.

Ratio Decidendi

The Tribunal found that the National Credit Act obligates credit providers to provide certain documents to consumers, such as pre-agreement statements, credit agreements, and periodic statements. However, the documents requested by the applicant, including credit application documents, emails, letters, and a Multiplan agreement, do not fall within the ambit of documents the NCA compels the respondent to provide. The respondent acted reasonably in attempting to accommodate the applicant's requests and provided available documents. There was no evidence of contravention of the NCA by the respondent. Regarding costs, the Tribunal held that there were no exceptional circumstances warranting a...

Court Disposition

Application dismissed; no cost order granted.

Orders

  • The application is dismissed.
  • There is no cost order.