Moeketsi v Isaacs (NCT/194299/2021/141(1) NCA) [2021] ZANCT 56 (28 November 2021)

Moeketsi v Isaacs (NCT/194299/2021/141(1) NCA) [2021] ZANCT 56 (28 November 2021)

The Tribunal found that the applicant failed to provide sufficient detail or evidence of prohibited conduct by the respondent. The applicant did not follow the prescribed process under section 72 of the NCA to challenge her credit bureau listing. The Tribunal noted that the applicant's allegations were general and unsupported, and that the correct procedure for disputing credit information was not followed. As there was no basis for granting leave to refer, the application was refused. The applicant remains at liberty to pursue remedies under section 72 of the NCA or approach the Credit Ombud.

Citation
[2021] ZANCT 56
Parties
Applicant: Elizabeth Moeketsi; Respondent: Washeemah Isaacs
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
28 November 2021
Case Number
NCT/194299/2021/141(1) NCA
Procedural Posture
Leave to Appeal / Application for Leave to Refer Directly to Tribunal Under Section 141(1) of the NCA
Outcome
Application for leave to refer directly to the Tribunal refused.
Judges
L Best, A Potwana, J Simpson
Legal Topics
National Credit Act, Debt Review, Leave to Refer, Credit Bureau Dispute
Civil Procedure Banking and Finance National Credit Act Debt Review Leave to Refer Credit Bureau Dispute

Case Brief

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Parties

Elizabeth Moeketsi

Applicant

Washeemah Isaacs

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer Directly to Tribunal Under Section 141(1) of the NCA

Legal Issues

  1. 1 Whether the applicant has provided sufficient grounds for leave to refer the complaint directly to the Tribunal under section 141(1) of the NCA.
  2. 2 Whether the applicant followed the prescribed process under section 72 of the NCA to challenge information held by the credit bureau.
  3. 3 Whether there is evidence of prohibited conduct by the respondent warranting Tribunal intervention.

Ratio Decidendi

The Tribunal found that the applicant failed to provide sufficient detail or evidence of prohibited conduct by the respondent. The applicant did not follow the prescribed process under section 72 of the NCA to challenge her credit bureau listing. The Tribunal noted that the applicant's allegations were general and unsupported, and that the correct procedure for disputing credit information was not followed. As there was no basis for granting leave to refer, the application was refused. The applicant remains at liberty to pursue remedies under section 72 of the NCA or approach the Credit Ombud.

Court Disposition

Application for leave to refer directly to the Tribunal refused.

Orders

  • The applicant's application for leave to refer the matter directly to the Tribunal is refused.
  • There is no order as to costs.