Mafisa v Nedbank Ltd and Others (NCT/163/2009/138(1) (P)) [2009] ZANCT 14 (26 October 2009)

Mafisa v Nedbank Ltd and Others (NCT/163/2009/138(1) (P)) [2009] ZANCT 14 (26 October 2009)

The Tribunal found that the applicant and respondents are parties to a debt rearrangement facilitated by a debt counsellor in terms of section 86(7)(b) of the National Credit Act. The Tribunal was satisfied that the draft consent order complied with the requirements of the Act and confirmed it as an order of the Tribunal. The parties were warned that non-compliance with the order constitutes an offence under section 160(1) of the Act.

Citation
[2009] ZANCT 14
Parties
Applicant: Letsema Joseph Mafisa; Respondent: Nedbank Limited; Respondent: Consumer Friend (Markhams and RCS Credit Card); Respondent: African Bank Limited; Respondent: Edcon (Pty) Ltd (Edgars Account); Respondent: Molenaar & Griffiths Inc
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
26 October 2009
Case Number
NCT/163/2009/138(1) (P)
Procedural Posture
Consent Order Application / Final Determination
Outcome
Consent order granted confirming the debt rearrangement agreement.
Judges
F. Manamela
Legal Topics
Debt Rearrangement, National Credit Act, Consent Order, Debt Counselling
Banking and Finance Civil Procedure Debt Rearrangement National Credit Act Consent Order Debt Counselling

Case Brief

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Parties

Letsema Joseph Mafisa

Applicant

Nedbank Limited

Respondent

Consumer Friend (Markhams and RCS Credit Card)

Respondent

African Bank Limited

Respondent

Edcon (Pty) Ltd (Edgars Account)

Respondent

Molenaar & Griffiths Inc

Respondent

Procedural Posture

Consent Order Application / Final Determination

Legal Issues

  1. 1 Whether the parties are entitled to a debt rearrangement order under section 86(7)(b) and section 138(1) of the National Credit Act.
  2. 2 Whether the draft consent order should be confirmed as an order of the Tribunal.

Ratio Decidendi

The Tribunal found that the applicant and respondents are parties to a debt rearrangement facilitated by a debt counsellor in terms of section 86(7)(b) of the National Credit Act. The Tribunal was satisfied that the draft consent order complied with the requirements of the Act and confirmed it as an order of the Tribunal. 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 rearrangement agreement.

Orders

  • The draft consent order attached as annexure 'A' is confirmed as an order of the Tribunal.
  • Failure to comply with the order constitutes an offence in terms of section 160(1) of the National Credit Act.