Morewane v Credit Matters and Another (NCT/8292/2013/141(1) NCA) [2013] ZANCT 52 (8 November 2013)

Morewane v Credit Matters and Another (NCT/8292/2013/141(1) NCA) [2013] ZANCT 52 (8 November 2013)

The Tribunal found that the Applicant's application for condonation for late filing should be granted in the interests of justice, as the delay was minimal and not opposed by the Second Respondent. The Tribunal held that leave to refer the matter to the Tribunal should be considered based on reasonable prospects of success and the substantial importance of the matter to the Applicant. However, the Tribunal determined that the Second Respondent had failed to conduct a proper investigation into prohibited conduct by the First Respondent, as required by section 140(1) of the National Credit Act. The issuance of a notice of non-referral under section 139(1) was premature and deprived the...

Citation
[2013] ZANCT 52
Parties
Applicant: Brian Mpho Morewane; Respondent: Credit Matters; Respondent: National Credit Regulator
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
8 November 2013
Case Number
NCT/8292/2013/141(1) NCA
Procedural Posture
Review Application / Application for Leave to Refer Complaint to Tribunal After Notice of Non Referral
Outcome
The application is referred back to the Second Respondent for proper investigation in accordance with the National Credit Act.
Judges
L Best, H Devraj, T Woker
Legal Topics
Debt Review, Non Referral Notice, Prohibited Conduct, Condonation, Consumer Protection
Civil Procedure Banking and Finance Debt Review Non Referral Notice Prohibited Conduct Condonation Consumer Protection

Case Brief

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Parties

Brian Mpho Morewane

Applicant

Credit Matters

Respondent

National Credit Regulator

Respondent

Procedural Posture

Review Application / Application for Leave to Refer Complaint to Tribunal After Notice of Non Referral

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the application.
  2. 2 Whether the Tribunal may grant the Applicant leave to refer the matter directly to the Tribunal.
  3. 3 Whether the Second Respondent correctly issued a notice of non-referral under section 139(1) instead of section 140(1) of the National Credit Act.

Ratio Decidendi

The Tribunal found that the Applicant's application for condonation for late filing should be granted in the interests of justice, as the delay was minimal and not opposed by the Second Respondent. The Tribunal held that leave to refer the matter to the Tribunal should be considered based on reasonable prospects of success and the substantial importance of the matter to the Applicant. However, the Tribunal determined that the Second Respondent had failed to conduct a proper investigation into prohibited conduct by the First Respondent, as required by section 140(1) of the National Credit Act. The issuance of a notice of non-referral under section 139(1) was premature and deprived the...

Court Disposition

The application is referred back to the Second Respondent for proper investigation in accordance with the National Credit Act.

Orders

  • The matter is referred back to the National Credit Regulator to conduct a proper investigation in accordance with the Act and to decide whether to refer the matter to the Tribunal for a hearing into possible prohibited conduct or to issue a notice of non-referral under section 140(1).
  • The National Credit Regulator is ordered to notify the Applicant of the outcome of the investigation upon finalization. Should a notice of non-referral be issued, the Applicant may decide whether to pursue the matter further.