Mudwa v Standard Bank of South Africa Limited (NCT/74947/2017/141(1)(b)) [2017] ZANCT 95 (1 August 2017)

Mudwa v Standard Bank of South Africa Limited (NCT/74947/2017/141(1)(b)) [2017] ZANCT 95 (1 August 2017)

The Tribunal dismissed the application because the Applicant failed to appear at the hearing despite proper notification. The Tribunal found that the Applicant did not identify any prohibited conduct under the National Credit Act by the Respondent. The Applicant's complaints related to High Court judgments, which fall outside the Tribunal's jurisdiction. Furthermore, the matters raised by the Applicant occurred on or before 2012 and are therefore prescribed under section 166(1) of the Act. The Tribunal confirmed that it could not entertain the application and dismissed it in terms of Rule 24(1).

Citation
[2017] ZANCT 95
Parties
Applicant: Khumalo Mudwa; Respondent: The Standard Bank of South Africa Limited
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
1 August 2017
Case Number
NCT/74947/2017/141(1)(b)
Procedural Posture
Leave to Appeal / Application for Leave to Refer to Tribunal After NCR Non Referral
Outcome
Application dismissed for non-appearance and lack of jurisdiction.
Judges
TA Woker, F Manamela, F Sibanda
Legal Topics
National Credit Act, Leave to Refer, Jurisdiction of Tribunal, Prescription, Emoluments Attachment Order
Banking and Finance Civil Procedure National Credit Act Leave to Refer Jurisdiction of Tribunal Prescription Emoluments Attachment Order

Case Brief

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Parties

Khumalo Mudwa

Applicant

The Standard Bank of South Africa Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer to Tribunal After NCR Non Referral

Legal Issues

  1. 1 Whether the Tribunal should grant leave to refer the complaint after a notice of non-referral by the NCR.
  2. 2 Whether the Tribunal has jurisdiction over the Applicant's complaints regarding High Court judgments.
  3. 3 Whether the Applicant's complaint is prescribed under section 166(1) of the National Credit Act.

Ratio Decidendi

The Tribunal dismissed the application because the Applicant failed to appear at the hearing despite proper notification. The Tribunal found that the Applicant did not identify any prohibited conduct under the National Credit Act by the Respondent. The Applicant's complaints related to High Court judgments, which fall outside the Tribunal's jurisdiction. Furthermore, the matters raised by the Applicant occurred on or before 2012 and are therefore prescribed under section 166(1) of the Act. The Tribunal confirmed that it could not entertain the application and dismissed it in terms of Rule 24(1).

Court Disposition

Application dismissed for non-appearance and lack of jurisdiction.

Orders

  • The application lodged in terms of section 141(1)(b) of the National Credit Act is dismissed in terms of Rule 24(1) of the Rules of the Tribunal.