Ilori v Standard Bank of South Africa Limited (NCT/348735/2024/114(1)) [2025] ZANCT 3 (17 February 2025)

Ilori v Standard Bank of South Africa Limited (NCT/348735/2024/114(1)) [2025] ZANCT 3 (17 February 2025)

The Tribunal found that the respondent is not legally obliged to retain or provide account statements for periods exceeding the statutory retention requirements. The evidence that the respondent cannot retrieve the requested statements is uncontested and must be accepted. The Tribunal cannot grant an order that is incapable of enforcement, as the statements are simply unavailable. The relevant statutes and regulations do not require retention of transactional account statements beyond three to five years, and the applicant's request falls outside these periods. Accordingly, the application must be dismissed.

Citation
[2025] ZANCT 3
Parties
Applicant: Babatunde Olanrewanju Ilori; Respondent: Standard Bank of South Africa Limited
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
17 February 2025
Case Number
NCT/348735/2024/114(1)
Procedural Posture
Review Application / Final Judgment
Outcome
Application dismissed.
Judges
S Hockey, A Potwana, CJ Ntsoane
Legal Topics
Account Statement Access, National Credit Act, Document Retention Periods, Enforceability of Orders
Banking and Finance Civil Procedure Account Statement Access National Credit Act Document Retention Periods Enforceability of Orders

Case Brief

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Parties

Babatunde Olanrewanju Ilori

Applicant

Standard Bank of South Africa Limited

Respondent

Procedural Posture

Review Application / Final Judgment

Legal Issues

  1. 1 Whether the respondent is legally obliged to provide the applicant with historical statements for his prestige account from February 2006 to May 2009.
  2. 2 Whether the Tribunal can order the respondent to produce statements that are unavailable.
  3. 3 Whether the respondent's retention obligations under the NCA and other statutes extend to the requested statements.

Ratio Decidendi

The Tribunal found that the respondent is not legally obliged to retain or provide account statements for periods exceeding the statutory retention requirements. The evidence that the respondent cannot retrieve the requested statements is uncontested and must be accepted. The Tribunal cannot grant an order that is incapable of enforcement, as the statements are simply unavailable. The relevant statutes and regulations do not require retention of transactional account statements beyond three to five years, and the applicant's request falls outside these periods. Accordingly, the application must be dismissed.

Court Disposition

Application dismissed.

Orders

  • The applicant’s application is dismissed.
  • There is no order as to costs.