Mncunu v African Bank Ltd and Others (NCT/ 235/2009/138 (1)(P)) [2009] ZANCT 2 (30 November 2009)

Mncunu v African Bank Ltd and Others (NCT/ 235/2009/138 (1)(P)) [2009] ZANCT 2 (30 November 2009)

The Tribunal found that the applicant and respondents are parties to a debt re-arrangement agreement facilitated by a debt counsellor in terms of the National Credit Act. All parties consented to the proposed payment restructuring, and the Tribunal was satisfied that the requirements of section 86(7)(b) read with section 138(1) were met. Accordingly, the Tribunal confirmed the draft consent order as an order of the Tribunal, making the restructured payment arrangements enforceable. The parties were warned that non-compliance with the order constitutes an offence under section 160(1) of the Act.

Citation
[2009] ZANCT 2
Parties
Applicant: Motsabi Bliss Mncunu; Respondent: African Bank Limited; Respondent: First National Bank a division of First Rand Bank; Respondent: Nedbank Limited
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
30 November 2009
Case Number
NCT/ 235/2009/138 (1)(P)
Procedural Posture
Consent Order Application / Final Order
Outcome
Consent order granted; draft consent order confirmed as an order of the Tribunal.
Judges
Bill HASLAM
Legal Topics
Debt Restructuring, National Credit Act, Debt Review, Consent Order
Banking and Finance Civil Procedure Debt Restructuring National Credit Act Debt Review Consent Order

Case Brief

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Parties

Motsabi Bliss Mncunu

Applicant

African Bank Limited

Respondent

First National Bank a division of First Rand Bank

Respondent

Nedbank Limited

Respondent

Procedural Posture

Consent Order Application / Final Order

Legal Issues

  1. 1 Whether the applicant and respondents are parties to a valid debt re-arrangement agreement facilitated by a debt counsellor under the National Credit Act.
  2. 2 Whether the Tribunal should confirm the draft consent order as an order of the Tribunal.

Ratio Decidendi

The Tribunal found that the applicant and respondents are parties to a debt re-arrangement agreement facilitated by a debt counsellor in terms of the National Credit Act. All parties consented to the proposed payment restructuring, and the Tribunal was satisfied that the requirements of section 86(7)(b) read with section 138(1) were met. Accordingly, the Tribunal confirmed the draft consent order as an order of the Tribunal, making the restructured payment arrangements enforceable. 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; draft consent order confirmed as an order of the Tribunal.

Orders

  • The draft consent order attached as Annexure 'A' and 'AA' is confirmed as an order of the Tribunal.
  • The payment structures set out in the agreement between the applicant and respondents are made an order of the Tribunal.