Bhengu v Addcon (Pty) Ltd and Others (NCT/ 298/2009/138(1)(P)) [2010] ZANCT 17 (2 February 2010)

Bhengu v Addcon (Pty) Ltd and Others (NCT/ 298/2009/138(1)(P)) [2010] ZANCT 17 (2 February 2010)

The Tribunal found that the applicant is experiencing difficulty in meeting his credit obligations and that the debt counsellor's recommendation for restructuring payment instalments is supported by the consent of all credit providers. The Tribunal is satisfied that the requirements of section 86(7) and section 138(1) of the National Credit Act have been met. Accordingly, the draft consent order, which sets out the new payment structures and extended payment periods, is confirmed as an order of the Tribunal. The parties are warned that non-compliance with the order constitutes an offence under section 160(1) of the Act.

Citation
[2010] ZANCT 17
Parties
Applicant: Bongani Duke Bhengu; Respondent: Addcon (Pty) Limited; Respondent: African Bank Limited; Respondent: First National Bank t/a First Rand Bank; Respondent: Onecor
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
2 February 2010
Case Number
NCT/ 298/2009/138(1)(P)
Procedural Posture
Consent Order Application / Final Determination
Outcome
Consent order granted; debt restructuring agreement confirmed as an order of the Tribunal.
Judges
F. Manamela
Legal Topics
Debt Restructuring, National Credit Act, Consent Order, Debt Review, Consumer Protection
Banking and Finance Civil Procedure Debt Restructuring National Credit Act Consent Order Debt Review Consumer Protection

Case Brief

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Parties

Bongani Duke Bhengu

Applicant

Addcon (Pty) Limited

Respondent

African Bank Limited

Respondent

First National Bank t/a First Rand Bank

Respondent

Onecor

Respondent

Procedural Posture

Consent Order Application / Final Determination

Legal Issues

  1. 1 Whether the applicant qualifies for a debt rearrangement order under section 86(7) and section 138(1) of the National Credit Act.
  2. 2 Whether the parties have validly consented to the proposed debt restructuring agreement.
  3. 3 Whether the Tribunal should confirm the draft consent order as an order of the Tribunal.

Ratio Decidendi

The Tribunal found that the applicant is experiencing difficulty in meeting his credit obligations and that the debt counsellor's recommendation for restructuring payment instalments is supported by the consent of all credit providers. The Tribunal is satisfied that the requirements of section 86(7) and section 138(1) of the National Credit Act have been met. Accordingly, the draft consent order, which sets out the new payment structures and extended payment periods, is confirmed as an order of the Tribunal. The parties are warned that non-compliance with the order constitutes an offence under section 160(1) of the Act.

Court Disposition

Consent order granted; debt restructuring agreement confirmed as an order of the Tribunal.

Orders

  • The payment structures set out in Annexure B are made an order of the National Consumer Tribunal.
  • The agreement restructures the payment instalments by extending the payment period as indicated in Annexure C.