Kunene v Isaacs and Another (NCT/333308/2024/141(1)(b)) [2025] ZANCT 4 (14 February 2025)

Kunene v Isaacs and Another (NCT/333308/2024/141(1)(b)) [2025] ZANCT 4 (14 February 2025)

The Tribunal found that the applicant was placed under debt review without his knowledge or consent, as evidenced by the absence of communication from the debt counsellor and the applicant's denial of signing Form 16. The registration number on the Form 16 did not match the first respondent's registration, further undermining the legitimacy of the debt review process. The unlawful placement and listing on the Debt Help System infringed the applicant's rights under sections 60 and 61 of the National Credit Act. The Tribunal held that it was appropriate to order the removal of the applicant's debt review status from the Debt Help System and notification to all credit bureaus, thereby...

Citation
[2025] ZANCT 4
Parties
Applicant: Mduduzi Patrick Kunene; Respondent: Washeemah Isaacs; Respondent: National Credit Regulator
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
14 February 2025
Case Number
NCT/333308/2024/141(1)(b)
Procedural Posture
Review Application / Unopposed Hearing After Non Referral Notice; Tribunal Granted Leave to Refer
Outcome
Application granted. The applicant's debt review status must be removed from the Debt Help System and all credit bureaus notified.
Judges
S Hockey, C Sassman, Z Ntuli
Legal Topics
National Credit Act, Debt Review, Consumer Rights, Jurisdiction of Tribunal
Banking and Finance Civil Procedure National Credit Act Debt Review Consumer Rights Jurisdiction of Tribunal

Case Brief

Summary, issues, holding and outcome

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Parties

Mduduzi Patrick Kunene

Applicant

Washeemah Isaacs

Respondent

National Credit Regulator

Respondent

Procedural Posture

Review Application / Unopposed Hearing After Non Referral Notice; Tribunal Granted Leave to Refer

Legal Issues

  1. 1 Whether the applicant was placed under debt review without his knowledge and consent.
  2. 2 Whether the applicant's rights under sections 60 and 61 of the National Credit Act were infringed.
  3. 3 Whether the Tribunal has jurisdiction to order removal of the applicant's debt review status from the Debt Help System.

Ratio Decidendi

The Tribunal found that the applicant was placed under debt review without his knowledge or consent, as evidenced by the absence of communication from the debt counsellor and the applicant's denial of signing Form 16. The registration number on the Form 16 did not match the first respondent's registration, further undermining the legitimacy of the debt review process. The unlawful placement and listing on the Debt Help System infringed the applicant's rights under sections 60 and 61 of the National Credit Act. The Tribunal held that it was appropriate to order the removal of the applicant's debt review status from the Debt Help System and notification to all credit bureaus, thereby...

Court Disposition

Application granted. The applicant's debt review status must be removed from the Debt Help System and all credit bureaus notified.

Orders

  • The second respondent is ordered to, within seven business days of the issuing of this judgment, remove the applicant’s debt review status from its Debt Help System and inform all registered credit bureaus of the removal.
  • There is no order as to costs.