Mtshali v Shoprite Checkers (Pty) Ltd (NCT/ 491/2010/138 (1)(P)) [2010] ZANCT 46 (21 April 2010)

Mtshali v Shoprite Checkers (Pty) Ltd (NCT/ 491/2010/138 (1)(P)) [2010] ZANCT 46 (21 April 2010)

The Tribunal found that the applicant and respondent are parties to a debt re-arrangement agreement facilitated by a Debt Counsellor in accordance with section 86(7)(b) of the National Credit Act. The Tribunal was satisfied that the requirements for confirmation of a consent order under section 138(1) were met. Accordingly, the Tribunal confirmed the draft consent order as an order of the Tribunal. The parties were warned that failure to comply with the order constitutes an offence under section 160(1) of the Act.

Citation
[2010] ZANCT 46
Parties
Applicant: Julius Herold Mtshali; Respondent: Shoprite Checkers (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
21 April 2010
Case Number
NCT/ 491/2010/138 (1)(P)
Procedural Posture
Consent Order Application / Final Order
Outcome
Draft consent order confirmed as an order of the Tribunal.
Judges
Tanya Woker
Legal Topics
National Credit Act, Debt Rearrangement, Consent Order, Credit Provider Obligations
Banking and Finance Civil Procedure National Credit Act Debt Rearrangement Consent Order Credit Provider Obligations

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Parties

Julius Herold Mtshali

Applicant

Shoprite Checkers (Pty) Ltd

Respondent

Procedural Posture

Consent Order Application / Final Order

Legal Issues

  1. 1 Whether the parties have entered into a valid debt re-arrangement agreement under the National Credit Act.
  2. 2 Whether the Tribunal should confirm the draft consent order as an order of the Tribunal.
  3. 3 Whether non-compliance with the Tribunal order constitutes an offence under the Act.

Ratio Decidendi

The Tribunal found that the applicant and respondent are parties to a debt re-arrangement agreement facilitated by a Debt Counsellor in accordance with section 86(7)(b) of the National Credit Act. The Tribunal was satisfied that the requirements for confirmation of a consent order under section 138(1) were met. Accordingly, the Tribunal confirmed the draft consent order as an order of the Tribunal. The parties were warned that failure to comply with the order constitutes an offence under section 160(1) of the Act.

Court Disposition

Draft consent order confirmed as an order of the Tribunal.

Orders

  • The draft consent order attached as Annexure 'A' is confirmed as an order of the Tribunal.
  • Failure to comply with the order constitutes an offence in terms of section 160(1) of the National Credit Act.