Mabuza v Nedbank Ltd (NCT/7143/2012/128(1)) [2013] ZANCT 61 (1 July 2013)

Mabuza v Nedbank Ltd (NCT/7143/2012/128(1)) [2013] ZANCT 61 (1 July 2013)

The Tribunal found that the Applicant did not make submissions typical of a section 128 application, such as alleging that the goods were not sold as soon as reasonably practicable or for the best price reasonably obtainable. The Applicant's main complaint was the difference in settlement amounts provided by the Respondent on different dates, which amounts to a disputed statement rather than a review of the sale under section 128. The relief sought, namely an explanation of the difference in outstanding amounts, falls outside the scope of section 128. Consequently, the Tribunal held that the Applicant had not made out a case for relief under section 128 of the National Credit Act and...

Citation
[2013] ZANCT 61
Parties
Applicant: Herbert Johannes Mabuza; Respondent: Nedbank Limited
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
1 July 2013
Case Number
NCT/7143/2012/128(1)
Procedural Posture
Review Application / Final Judgment
Outcome
Application dismissed.
Judges
P. Beck, D. Terblanche, L Best
Legal Topics
National Credit Act, Instalment Sale Agreement, Disputed Statement of Account, Consumer Credit Review
Banking and Finance Civil Procedure National Credit Act Instalment Sale Agreement Disputed Statement of Account Consumer Credit Review

Case Brief

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Parties

Herbert Johannes Mabuza

Applicant

Nedbank Limited

Respondent

Procedural Posture

Review Application / Final Judgment

Legal Issues

  1. 1 Whether the application falls to be adjudicated under section 128 of the National Credit Act.
  2. 2 Whether the Applicant is entitled to relief regarding the difference in settlement amounts provided by the Respondent.
  3. 3 Whether the Respondent breached the National Credit Act in the sale and settlement process.

Ratio Decidendi

The Tribunal found that the Applicant did not make submissions typical of a section 128 application, such as alleging that the goods were not sold as soon as reasonably practicable or for the best price reasonably obtainable. The Applicant's main complaint was the difference in settlement amounts provided by the Respondent on different dates, which amounts to a disputed statement rather than a review of the sale under section 128. The relief sought, namely an explanation of the difference in outstanding amounts, falls outside the scope of section 128. Consequently, the Tribunal held that the Applicant had not made out a case for relief under section 128 of the National Credit Act and...

Court Disposition

Application dismissed.

Orders

  • The Applicant's application is dismissed.
  • No order is made as to costs.