Mokome v Tofie and Another (NCT/292194/2023/141(1)(b)) [2024] ZANCT 69 (25 November 2024)

Mokome v Tofie and Another (NCT/292194/2023/141(1)(b)) [2024] ZANCT 69 (25 November 2024)

The Tribunal found that the applicant never applied for debt review as envisaged under section 86(1) of the National Credit Act. The first respondent placed her under debt review without her consent and updated the NCR’s Debt Help System with false information. The first respondent breached his conditions of registration and contravened section 52(5)(c) of the NCA, constituting prohibited conduct. The NCR, joined as a party, did not oppose the application and was deemed to have admitted the applicant’s allegations. The Tribunal condemned the NCR’s attempt to make submissions outside the prescribed procedure. Considering the nature, gravity, and extent of the contravention, the harm to the...

Citation
[2024] ZANCT 69
Parties
Applicant: Millicent Glory Mokome; Respondent: Rushdie Tofie; Respondent: National Credit Regulator
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
25 November 2024
Case Number
NCT/292194/2023/141(1)(b)
Procedural Posture
Default Application / Final Judgment After Default and Joinder of NCR
Outcome
The application is granted. The first respondent is found to have committed prohibited conduct and is ordered to pay an administrative fine and refund the applicant. The NCR is ordered to delete the applicant’s debt review status.
Judges
A Potwana, Z Ntuli, C Ntsoane
Legal Topics
National Credit Act, Debt Review Removal, Prohibited Conduct, Administrative Fine, Joinder of Parties
Banking and Finance Civil Procedure National Credit Act Debt Review Removal Prohibited Conduct Administrative Fine Joinder of Parties

Case Brief

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Parties

Millicent Glory Mokome

Applicant

Rushdie Tofie

Respondent

National Credit Regulator

Respondent

Procedural Posture

Default Application / Final Judgment After Default and Joinder of NCR

Legal Issues

  1. 1 Whether the applicant's debt review status should be removed from her credit profile.
  2. 2 Whether the first respondent contravened section 52(5)(c) of the National Credit Act.
  3. 3 Whether an administrative fine should be imposed on the first respondent for prohibited conduct.

Ratio Decidendi

The Tribunal found that the applicant never applied for debt review as envisaged under section 86(1) of the National Credit Act. The first respondent placed her under debt review without her consent and updated the NCR’s Debt Help System with false information. The first respondent breached his conditions of registration and contravened section 52(5)(c) of the NCA, constituting prohibited conduct. The NCR, joined as a party, did not oppose the application and was deemed to have admitted the applicant’s allegations. The Tribunal condemned the NCR’s attempt to make submissions outside the prescribed procedure. Considering the nature, gravity, and extent of the contravention, the harm to the...

Court Disposition

The application is granted. The first respondent is found to have committed prohibited conduct and is ordered to pay an administrative fine and refund the applicant. The NCR is ordered to delete the applicant’s debt review status.

Orders

  • The first respondent contravened section 52(5)(c) of the National Credit Act.
  • The first respondent’s contravention is declared prohibited conduct in terms of section 150(a) of the NCA.