Havenga v African Bank Ltd and Others (NCT/ 472/2010/138 (1)(P)) [2010] ZANCT 37 (14 April 2010)

Havenga v African Bank Ltd and Others (NCT/ 472/2010/138 (1)(P)) [2010] ZANCT 37 (14 April 2010)

The Tribunal was satisfied that the applicant and respondents are parties to a debt re-arrangement agreement facilitated by a Debt Counsellor in terms of section 86(7)(b) of the National Credit Act. As all parties consented, the Tribunal confirmed the draft consent order as an order of the Tribunal in accordance with section 138(1) of the Act. The parties were warned that non-compliance with the order constitutes an offence under section 160(1) of the Act.

Citation
[2010] ZANCT 37
Parties
Applicant: Morne Jan Harmse Havenga; Respondent: African Bank Ltd; Respondent: Capitec Bank Ltd; Respondent: Edcon (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
14 April 2010
Case Number
NCT/ 472/2010/138 (1)(P)
Procedural Posture
Consent Order Application / Debt Re Arrangement Consent Order Under Section 86(7)(b) and Section 138(1) of the National Credit Act
Outcome
Consent order granted confirming the debt re-arrangement agreement as an order of the Tribunal.
Judges
Neo Sephoti
Legal Topics
National Credit Act, Debt Rearrangement, Consent Order, Consumer Protection
Banking and Finance Civil Procedure National Credit Act Debt Rearrangement Consent Order Consumer Protection

Case Brief

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Parties

Morne Jan Harmse Havenga

Applicant

African Bank Ltd

Respondent

Capitec Bank Ltd

Respondent

Edcon (Pty) Ltd

Respondent

Procedural Posture

Consent Order Application / Debt Re Arrangement Consent Order Under Section 86(7)(b) and Section 138(1) of the National Credit Act

Legal Issues

  1. 1 Whether the parties have entered into a valid debt re-arrangement agreement 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 was satisfied that the applicant and respondents are parties to a debt re-arrangement agreement facilitated by a Debt Counsellor in terms of section 86(7)(b) of the National Credit Act. As all parties consented, the Tribunal confirmed the draft consent order as an order of the Tribunal in accordance with section 138(1) of the Act. The parties were warned that non-compliance with the order constitutes an offence under section 160(1) of the Act.

Court Disposition

Consent order granted confirming the debt re-arrangement agreement as an order of the Tribunal.

Orders

  • The draft consent order attached as 'Annexure A' is confirmed as an order of the Tribunal.
  • The parties are warned that failure to comply with the order constitutes an offence under section 160(1) of the National Credit Act.