National Credit Regulator v Banton (NCT/169271/2020/55(6)) [2021] ZANCT 14 (11 June 2021)

National Credit Regulator v Banton (NCT/169271/2020/55(6)) [2021] ZANCT 14 (11 June 2021)

The Tribunal found that there was insufficient evidence on oath to support the Applicant's allegations that the Respondent contravened sections 86(7) read with section 86(10) and section 52(5)(c) of the National Credit Act. The Applicant conceded that the Respondent had not been afforded an opportunity to answer the allegations. The Tribunal held that the compliance notice provisions cannot be used to circumvent the complaint referral procedures under sections 136, 139, and 140 of the Act, which require both parties to present evidence on oath. In the absence of such evidence, the Tribunal refused the application and declined to make any declarations or orders as sought by the Applicant.

Citation
[2021] ZANCT 14
Parties
Applicant: National Credit Regulator; Respondent: Zola James Banton
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
11 June 2021
Case Number
NCT/169271/2020/55(6)
Procedural Posture
Compliance Enforcement Application / Default Judgment After Non Appearance of Respondent
Outcome
Application refused; no order as to costs.
Judges
A Potwana, M Peenze, D Terblanche
Legal Topics
National Credit Act Compliance, Debt Counselling, Default Order, Compliance Notice Enforcement
Banking and Finance Civil Procedure National Credit Act Compliance Debt Counselling Default Order Compliance Notice Enforcement

Case Brief

Summary, issues, holding and outcome

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Parties

National Credit Regulator

Applicant

Zola James Banton

Respondent

Procedural Posture

Compliance Enforcement Application / Default Judgment After Non Appearance of Respondent

Legal Issues

  1. 1 Whether the Tribunal can grant the order sought by the Applicant to enforce the compliance notice against the Respondent.
  2. 2 Whether there is sufficient evidence on oath to declare that the Respondent contravened sections 86(7) read with section 86(10) and section 52(5)(c) of the National Credit Act.
  3. 3 Whether the Applicant can use compliance notice provisions to circumvent complaint referral procedures under the National Credit Act.

Ratio Decidendi

The Tribunal found that there was insufficient evidence on oath to support the Applicant's allegations that the Respondent contravened sections 86(7) read with section 86(10) and section 52(5)(c) of the National Credit Act. The Applicant conceded that the Respondent had not been afforded an opportunity to answer the allegations. The Tribunal held that the compliance notice provisions cannot be used to circumvent the complaint referral procedures under sections 136, 139, and 140 of the Act, which require both parties to present evidence on oath. In the absence of such evidence, the Tribunal refused the application and declined to make any declarations or orders as sought by the Applicant.

Court Disposition

Application refused; no order as to costs.

Orders

  • The application is refused.
  • There is no order made as to costs.