Garb v ABSA Bank Limited (NCT/23189/2021/141(1)(b)) [2022] ZANCT 51 (6 October 2022)

Garb v ABSA Bank Limited (NCT/23189/2021/141(1)(b)) [2022] ZANCT 51 (6 October 2022)

The Tribunal found that the applicant failed to allege or present evidence of any contravention of the National Credit Act by the respondent. The respondent was entitled to refuse the credit application based on reasonable commercial grounds and risk management practices, as permitted by the NCA. The Tribunal does not have jurisdiction to award constitutional damages or adjudicate defamation claims. Allegations of unfair discrimination must be pursued before an equality court. The Tribunal concluded that the applicant did not enjoy reasonable prospects of success and that granting leave would not serve the interests of justice or resource allocation.

Citation
[2022] ZANCT 51
Parties
Applicant: George Garb; Respondent: ABSA Bank Limited
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
6 October 2022
Case Number
NCT/23189/2021/141(1)(b)
Procedural Posture
Leave to Appeal / Application for Leave to Refer Complaint to Tribunal
Outcome
Application for leave to refer refused.
Judges
A Potwana, K Moodaliyar, C Sassman
Legal Topics
National Credit Act, Leave to Refer, Credit Assessment, Unfair Discrimination
Banking and Finance Civil Procedure National Credit Act Leave to Refer Credit Assessment Unfair Discrimination

Case Brief

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Parties

George Garb

Applicant

ABSA Bank Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer Complaint to Tribunal

Legal Issues

  1. 1 Whether the Tribunal should grant the applicant leave to refer his complaint under section 141(1)(b) of the National Credit Act.
  2. 2 Whether the respondent's refusal to grant credit constituted a contravention of the National Credit Act or unlawful discrimination.
  3. 3 Whether the Tribunal has jurisdiction to award constitutional damages or adjudicate claims of defamation.

Ratio Decidendi

The Tribunal found that the applicant failed to allege or present evidence of any contravention of the National Credit Act by the respondent. The respondent was entitled to refuse the credit application based on reasonable commercial grounds and risk management practices, as permitted by the NCA. The Tribunal does not have jurisdiction to award constitutional damages or adjudicate defamation claims. Allegations of unfair discrimination must be pursued before an equality court. The Tribunal concluded that the applicant did not enjoy reasonable prospects of success and that granting leave would not serve the interests of justice or resource allocation.

Court Disposition

Application for leave to refer refused.

Orders

  • The applicant's application for leave is refused.
  • There is no order as to costs.