Govender v Alexanderson (NCT/193156/2021/141(1)(b)) [2022] ZANCT 60 (4 November 2022)

Govender v Alexanderson (NCT/193156/2021/141(1)(b)) [2022] ZANCT 60 (4 November 2022)

The Tribunal found that the Respondent failed to keep the Applicant informed during the debt review process, specifically regarding the outcome of revised debt restructuring proposals and changes in interest rates. The Respondent did not act professionally, reasonably, or fairly, contravening conditions A2 and A3 of his registration. Additionally, the Respondent charged legal fees upfront, long before the matter was referred to court, in breach of condition A9.2. The Respondent's failure to make a timely application to the Magistrates’ Court further contravened his obligations. These actions constituted prohibited conduct under the National Credit Act and prejudiced the Applicant...

Citation
[2022] ZANCT 60
Parties
Applicant: Andrew Lloyd Govender; Respondent: Sebastien Alarik Alexanderson
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
4 November 2022
Case Number
NCT/193156/2021/141(1)(b)
Procedural Posture
Review Application / Final Determination After Leave to Refer Granted
Outcome
The Respondent was found guilty of prohibited conduct for contravening conditions A2, A3, and A9.2 of his registration under the National Credit Act. The Applicant may seek a certificate to claim damages in a civil court. No order as to costs was made.
Judges
A Potwana, M Peenze, C Sassman
Legal Topics
Debt Counselling, National Credit Act, Prohibited Conduct, Conditions of Registration, Consumer Protection
Banking and Finance Civil Procedure Debt Counselling National Credit Act Prohibited Conduct Conditions of Registration Consumer Protection

Case Brief

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Parties

Andrew Lloyd Govender

Applicant

Sebastien Alarik Alexanderson

Respondent

Procedural Posture

Review Application / Final Determination After Leave to Refer Granted

Legal Issues

  1. 1 Whether the Respondent contravened conditions of registration as a debt counsellor under the National Credit Act.
  2. 2 Whether the Respondent failed to inform the Applicant of material changes to debt restructuring proposals and interest rates.
  3. 3 Whether the Respondent failed to act professionally, reasonably, and fairly in providing debt counselling services.

Ratio Decidendi

The Tribunal found that the Respondent failed to keep the Applicant informed during the debt review process, specifically regarding the outcome of revised debt restructuring proposals and changes in interest rates. The Respondent did not act professionally, reasonably, or fairly, contravening conditions A2 and A3 of his registration. Additionally, the Respondent charged legal fees upfront, long before the matter was referred to court, in breach of condition A9.2. The Respondent's failure to make a timely application to the Magistrates’ Court further contravened his obligations. These actions constituted prohibited conduct under the National Credit Act and prejudiced the Applicant...

Court Disposition

The Respondent was found guilty of prohibited conduct for contravening conditions A2, A3, and A9.2 of his registration under the National Credit Act. The Applicant may seek a certificate to claim damages in a civil court. No order as to costs was made.

Orders

  • The Respondent is found guilty of contravening conditions A2, A3, and A9.2 of his conditions of registration read together with section 44(3)(b) and section 52(5)(c) of the National Credit Act.
  • The Respondent’s contravention is declared prohibited conduct.