Manzi v Barnard and Another (NCT/315894/2024/141(1)(b)) [2024] ZANCT 68 (4 December 2024)

Manzi v Barnard and Another (NCT/315894/2024/141(1)(b)) [2024] ZANCT 68 (4 December 2024)

The Tribunal accepted the applicant's uncontested version that he did not knowingly apply for debt review and was not informed of its consequences. The first respondent's conduct was found to be in breach of her statutory and registration obligations, amounting to prohibited conduct under the National Credit Act. The Tribunal held that the first respondent acted with disregard for consumer rights and imposed an administrative fine of R250,000. The applicant was granted relief to have his debt review status removed from the Debt Help System. The Tribunal declined to award compensation for distress, as it lacks jurisdiction to grant damages.

Citation
[2024] ZANCT 68
Parties
Applicant: Sandile Derrick Manzi; Respondent: Alice Dawn Barnard; Respondent: National Credit Regulator
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
4 December 2024
Case Number
NCT/315894/2024/141(1)(b)
Procedural Posture
Unopposed Application / Final Judgment
Outcome
Application granted in part; administrative fine imposed; debt review status to be removed; no compensation for distress; no cost order.
Judges
C Sassman, CJ Ntsoane, Z Ntuli
Legal Topics
National Credit Act, Debt Review, Prohibited Conduct, Administrative Fine
Banking and Finance Civil Procedure National Credit Act Debt Review Prohibited Conduct Administrative Fine

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Sandile Derrick Manzi

Applicant

Alice Dawn Barnard

Respondent

National Credit Regulator

Respondent

Procedural Posture

Unopposed Application / Final Judgment

Legal Issues

  1. 1 Whether the first respondent placed the applicant under debt review without his informed consent.
  2. 2 Whether the first respondent contravened her conditions of registration as a debt counsellor under the National Credit Act.
  3. 3 Whether the applicant is entitled to removal of the debt review status and an administrative fine should be imposed.

Ratio Decidendi

The Tribunal accepted the applicant's uncontested version that he did not knowingly apply for debt review and was not informed of its consequences. The first respondent's conduct was found to be in breach of her statutory and registration obligations, amounting to prohibited conduct under the National Credit Act. The Tribunal held that the first respondent acted with disregard for consumer rights and imposed an administrative fine of R250,000. The applicant was granted relief to have his debt review status removed from the Debt Help System. The Tribunal declined to award compensation for distress, as it lacks jurisdiction to grant damages.

Court Disposition

Application granted in part; administrative fine imposed; debt review status to be removed; no compensation for distress; no cost order.

Orders

  • The first respondent is declared to have contravened section 52(5)(c) of the NCA, read with conditions A2 and A3 of her registration as a debt counsellor.
  • The contravention is declared prohibited conduct in terms of section 150(a) of the NCA.