Mapeka v Firstrand Bank Limited (Wesbank) (NCT/14020/2014/141(1)) [2014] ZANCT 44 (11 November 2014)

Mapeka v Firstrand Bank Limited (Wesbank) (NCT/14020/2014/141(1)) [2014] ZANCT 44 (11 November 2014)

The Tribunal found that the Respondent did not comply with the termination and enforcement procedures set out in the National Credit Act when selling the Applicant's vehicle. However, the Tribunal noted that the conduct occurred in 2008, and section 166 of the Act prohibits referral of matters to the Tribunal after three years. The NCR had already taken enforcement action by securing an undertaking from Wesbank and the Applicant accepted the offer to write off the debt and clear his credit record. The NCR issued a notice of non-referral, and the Tribunal concluded that it was precluded from granting the relief sought due to the time-bar and the prior resolution of the dispute.

Citation
[2014] ZANCT 44
Parties
Applicant: Sello Stephen Mapeka; Respondent: Firstrand Bank Limited (Wesbank)
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
11 November 2014
Case Number
NCT/14020/2014/141(1)
Procedural Posture
Leave to Appeal / Application for Leave to Refer Prohibited Conduct to Tribunal Under Section 141(1)(b) of the National Credit Act
Outcome
Application dismissed due to time-bar under section 166 and prior resolution by the NCR.
Judges
LA Best, B Dumisa, J Simpson
Legal Topics
National Credit Act, Prohibited Conduct, Condonation, Notice of Non Referral, Enforcement Procedures
Commercial and Corporate Civil Procedure National Credit Act Prohibited Conduct Condonation Notice of Non Referral Enforcement Procedures

Case Brief

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Parties

Sello Stephen Mapeka

Applicant

Firstrand Bank Limited (Wesbank)

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer Prohibited Conduct to Tribunal Under Section 141(1)(b) of the National Credit Act

Legal Issues

  1. 1 Whether the Respondent's sale of the Applicant's vehicle complied with the termination and enforcement procedures under the National Credit Act.
  2. 2 Whether the Applicant is entitled to a finding of prohibited conduct and a certificate under section 164(3) of the Act.
  3. 3 Whether the matter is time-barred under section 166 of the National Credit Act.

Ratio Decidendi

The Tribunal found that the Respondent did not comply with the termination and enforcement procedures set out in the National Credit Act when selling the Applicant's vehicle. However, the Tribunal noted that the conduct occurred in 2008, and section 166 of the Act prohibits referral of matters to the Tribunal after three years. The NCR had already taken enforcement action by securing an undertaking from Wesbank and the Applicant accepted the offer to write off the debt and clear his credit record. The NCR issued a notice of non-referral, and the Tribunal concluded that it was precluded from granting the relief sought due to the time-bar and the prior resolution of the dispute.

Court Disposition

Application dismissed due to time-bar under section 166 and prior resolution by the NCR.

Orders

  • The application for leave to refer the matter directly to the Tribunal is dismissed.
  • No order as to costs.