Mnweba v National Credit Regulator (NCT/129993/2019/59(1)) [2019] ZANCT 179 (30 November 2019)

Mnweba v National Credit Regulator (NCT/129993/2019/59(1)) [2019] ZANCT 179 (30 November 2019)

The Tribunal found that the Applicant's registration as a debt counsellor lapsed automatically due to his failure to pay annual renewal fees as required by the National Credit Act. This lapsing was not the result of any decision or administrative action by the Respondent, but rather occurred by operation of law. Consequently, the NCR's instruction to the Payment Distribution Agent to cease payments was a practical administrative consequence of the lapsing and did not constitute a reviewable decision under Chapter 3 of the Act. The Tribunal concluded that it had no jurisdiction to review the lapsing or the subsequent administrative steps, and dismissed the application.

Citation
[2019] ZANCT 179
Parties
Applicant: Bongani Mnweba; Respondent: National Credit Regulator
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
30 November 2019
Case Number
NCT/129993/2019/59(1)
Procedural Posture
Review Application / Final Judgment
Outcome
Application dismissed. Applicant's registration as Debt Counsellor has lapsed by operation of law. Applicant is directed not to engage in any activities of a Debt Counsellor. No order as to costs.
Judges
L. Best, T. Bailey, P. Beck
Legal Topics
National Credit Act, Debt Counsellor Registration, Operation of Law, Administrative Consequence
Banking and Finance Civil Procedure National Credit Act Debt Counsellor Registration Operation of Law Administrative Consequence

Case Brief

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Parties

Bongani Mnweba

Applicant

National Credit Regulator

Respondent

Procedural Posture

Review Application / Final Judgment

Legal Issues

  1. 1 Whether the lapsing of the Applicant's registration as a debt counsellor constitutes a decision by the Respondent.
  2. 2 Whether the Respondent's instruction to the Payment Distribution Agent to cease payments to the Applicant is a reviewable decision under Chapter 3 of the National Credit Act.

Ratio Decidendi

The Tribunal found that the Applicant's registration as a debt counsellor lapsed automatically due to his failure to pay annual renewal fees as required by the National Credit Act. This lapsing was not the result of any decision or administrative action by the Respondent, but rather occurred by operation of law. Consequently, the NCR's instruction to the Payment Distribution Agent to cease payments was a practical administrative consequence of the lapsing and did not constitute a reviewable decision under Chapter 3 of the Act. The Tribunal concluded that it had no jurisdiction to review the lapsing or the subsequent administrative steps, and dismissed the application.

Court Disposition

Application dismissed. Applicant's registration as Debt Counsellor has lapsed by operation of law. Applicant is directed not to engage in any activities of a Debt Counsellor. No order as to costs.

Orders

  • The application to review a decision of the NCR is dismissed.
  • The Applicant's registration as Debt Counsellor has lapsed in terms of section 52(4) of the National Credit Act.