Bhengu v African Bank Ltd and Another (NCT/ 249/2009/138 (1)(P)) [2010] ZANCT 15 (21 January 2010)

Bhengu v African Bank Ltd and Another (NCT/ 249/2009/138 (1)(P)) [2010] ZANCT 15 (21 January 2010)

The Tribunal found that the applicant and respondents are parties to a debt re-arrangement agreement facilitated by a debt counsellor in terms of the National Credit Act. All parties consented to the agreement, and the Tribunal was satisfied that the requirements of section 86(7) and section 138(1) of the Act were met. Accordingly, the Tribunal confirmed the draft consent order as an order of the Tribunal, making the restructured payment arrangements binding on the parties.

Citation
[2010] ZANCT 15
Parties
Applicant: Mbongwa Simon Bhengu; Respondent: African Bank Limited; Respondent: Addcon (Pty) Limited
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
21 January 2010
Case Number
NCT/ 249/2009/138 (1)(P)
Procedural Posture
Consent Order Application / Final Order
Outcome
Consent order granted; the draft consent order is confirmed as an order of the Tribunal.
Judges
Xolela May
Legal Topics
Debt Restructuring, National Credit Act, Consent Order, Debt Review
Banking and Finance Civil Procedure Debt Restructuring National Credit Act Consent Order Debt Review

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 1 Authorities cited 1 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Mbongwa Simon Bhengu

Applicant

African Bank Limited

Respondent

Addcon (Pty) Limited

Respondent

Procedural Posture

Consent Order Application / Final Order

Legal Issues

  1. 1 Whether the parties have validly consented to a debt re-arrangement under the National Credit Act.
  2. 2 Whether the Tribunal should confirm the draft consent order as an order of the Tribunal.

Ratio Decidendi

The Tribunal found that the applicant and respondents are parties to a debt re-arrangement agreement facilitated by a debt counsellor in terms of the National Credit Act. All parties consented to the agreement, and the Tribunal was satisfied that the requirements of section 86(7) and section 138(1) of the Act were met. Accordingly, the Tribunal confirmed the draft consent order as an order of the Tribunal, making the restructured payment arrangements binding on the parties.

Court Disposition

Consent order granted; the draft consent order is confirmed as an order of the Tribunal.

Orders

  • The draft consent order attached as Annexure 'A' is confirmed as an order of the Tribunal.
  • The payment structures set out in Annexure 'B' are made an order of the Tribunal.