National Credit Regulator and Others v Kotze (NCT/96/2009/57(1)(P)&149(1)(P)) [2009] ZANCT 11 (1 September 2009)

National Credit Regulator and Others v Kotze (NCT/96/2009/57(1)(P)&149(1)(P)) [2009] ZANCT 11 (1 September 2009)

The Tribunal accepted the parties' settlement and made it an order, finding that the respondent's registration as debt counsellor should not be suspended pending finalization of the principal matter, but that strict controls and reporting obligations were necessary to protect consumers and ensure compliance with the National Credit Act. The respondent is prohibited from accepting new debt review applications, must comply with all statutory and regulatory obligations, must facilitate the transfer of consumer files upon request, and must cooperate fully with audits and payment distribution requirements. The Tribunal considered the interests of consumers and the need for regulatory...

Citation
[2009] ZANCT 11
Parties
Applicant: National Credit Regulator; Applicant: FM De Beer; Applicant: S Du Plessis; Applicant: AT Niemand; Applicant: F Swart; Applicant: T Magano; Applicant: M Abram; Applicant: M Vermeulen; Applicant: B Molefe; Applicant: F Venables; Applicant: P Jordaan; Applicant: T Berriman; Applicant: R Rupping; Applicant: C Greyling; Applicant: E Van Heerden; Applicant: L Rautenbach; Respondent: Barry Kotze
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
1 September 2009
Case Number
NCT/96/2009/57(1)(P)&149(1)(P)
Procedural Posture
Settlement Order / Interim Relief Pending Principal Hearing; Dispute Settled and Made Order of Tribunal
Outcome
Settlement agreement made order of Tribunal; respondent's registration not suspended but subject to strict conditions and reporting obligations.
Legal Topics
Debt Counselling, National Credit Act Compliance, Interim Relief, Settlement Order
Banking and Finance Civil Procedure Debt Counselling National Credit Act Compliance Interim Relief Settlement Order

Case Brief

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Parties

National Credit Regulator

Applicant

FM De Beer

Applicant

S Du Plessis

Applicant

AT Niemand

Applicant

F Swart

Applicant

T Magano

Applicant

M Abram

Applicant

M Vermeulen

Applicant

B Molefe

Applicant

F Venables

Applicant

P Jordaan

Applicant

T Berriman

Applicant

R Rupping

Applicant

C Greyling

Applicant

E Van Heerden

Applicant

L Rautenbach

Applicant

Barry Kotze

Respondent

Procedural Posture

Settlement Order / Interim Relief Pending Principal Hearing; Dispute Settled and Made Order of Tribunal

Legal Issues

  1. 1 Whether the respondent's registration as debt counsellor should be suspended pending finalization of the principal matter.
  2. 2 Whether the respondent should be prohibited from accepting new debt review applications.
  3. 3 What obligations the respondent must comply with under the National Credit Act and related regulations.

Ratio Decidendi

The Tribunal accepted the parties' settlement and made it an order, finding that the respondent's registration as debt counsellor should not be suspended pending finalization of the principal matter, but that strict controls and reporting obligations were necessary to protect consumers and ensure compliance with the National Credit Act. The respondent is prohibited from accepting new debt review applications, must comply with all statutory and regulatory obligations, must facilitate the transfer of consumer files upon request, and must cooperate fully with audits and payment distribution requirements. The Tribunal considered the interests of consumers and the need for regulatory...

Court Disposition

Settlement agreement made order of Tribunal; respondent's registration not suspended but subject to strict conditions and reporting obligations.

Orders

  • The respondent's registration as debt counsellor under registration no NCRDC 436 is not suspended pending finalization of the matter.
  • The respondent is prohibited from accepting any new or further applications for debt review from consumers as of the date of this order.