Chagonda v Tshuki and Another (NCT/344460/2024/141/(1)(b)) [2024] ZANCT 51 (15 November 2024)

Chagonda v Tshuki and Another (NCT/344460/2024/141/(1)(b)) [2024] ZANCT 51 (15 November 2024)

The Tribunal found that the applicant's complaint relates to his placement under debt review in 2011, which occurred more than three years before the referral of his matter to the Tribunal. Section 166(1) of the National Credit Act clearly precludes referral of complaints to the Tribunal after this period. The Tribunal has no inherent jurisdiction and may only grant orders expressly authorised under the Act. Furthermore, the applicant's credit providers were notified of his withdrawal from debt review before the issuance of Form 17.2, and the credit bureaus were updated accordingly. As such, the relief sought by the applicant is academic. The application for leave to refer is refused.

Citation
[2024] ZANCT 51
Parties
Applicant: Melvin Masimba Tapiwanashe Chagonda; Respondent: Leping Tshuki; Respondent: National Credit Regulator
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 November 2024
Case Number
NCT/344460/2024/141(1)(b)
Procedural Posture
Leave to Appeal / Leave to Refer Application Following Notice of Non Referral by the National Credit Regulator.
Outcome
Application for leave to refer is refused.
Judges
S Hockey
Legal Topics
National Credit Act, Debt Review, Time Bar, Leave to Refer, Jurisdiction of Tribunal
Banking and Finance Civil Procedure National Credit Act Debt Review Time Bar Leave to Refer Jurisdiction of Tribunal

Case Brief

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Parties

Melvin Masimba Tapiwanashe Chagonda

Applicant

Leping Tshuki

Respondent

National Credit Regulator

Respondent

Procedural Posture

Leave to Appeal / Leave to Refer Application Following Notice of Non Referral by the National Credit Regulator.

Legal Issues

  1. 1 Whether the applicant may be granted leave to refer his complaint directly to the Tribunal after receiving a notice of non-referral from the National Credit Regulator.
  2. 2 Whether the complaint is time-barred under section 166(1) of the National Credit Act.
  3. 3 Whether the Tribunal has jurisdiction to grant the relief sought by the applicant.

Ratio Decidendi

The Tribunal found that the applicant's complaint relates to his placement under debt review in 2011, which occurred more than three years before the referral of his matter to the Tribunal. Section 166(1) of the National Credit Act clearly precludes referral of complaints to the Tribunal after this period. The Tribunal has no inherent jurisdiction and may only grant orders expressly authorised under the Act. Furthermore, the applicant's credit providers were notified of his withdrawal from debt review before the issuance of Form 17.2, and the credit bureaus were updated accordingly. As such, the relief sought by the applicant is academic. The application for leave to refer is refused.

Court Disposition

Application for leave to refer is refused.

Orders

  • The application for leave to refer a complaint directly to the Tribunal is refused.
  • There is no order as to costs.