National Credit Regulator v De Klerk (NCT/6210/2012/57(1) (P)) [2013] ZANCT 51 (5 December 2013)

National Credit Regulator v De Klerk (NCT/6210/2012/57(1) (P)) [2013] ZANCT 51 (5 December 2013)

The Tribunal found that the settlement agreement concluded between the parties, including the transfer of consumer files to Mr Ferdinand de Klerk, was appropriate in the circumstances. No evidence was presented that Mr de Klerk was currently in contravention of the Act, and the Applicant itself had registered him as a debt counsellor. The Tribunal held that its role was limited to confirming or refusing the agreement, not amending it. The interests of the consumers and the need for finality justified confirming the agreement. The Tribunal clarified that its decision did not preclude future investigation of Mr de Klerk by the Applicant.

Citation
[2013] ZANCT 51
Parties
Applicant: National Credit Regulator; Respondent: Liezl de Klerk
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
5 December 2013
Case Number
NCT/6210/2012/57(1) (P)
Procedural Posture
Consent Order Application / Final Determination on Confirmation of Settlement Agreement
Outcome
The consent order dated 5 February 2013 is confirmed. No order as to costs.
Judges
Y Carrim, P Beck-Paxton, FK Manamela
Legal Topics
Debt Counsellor Registration, Consent Order, Settlement Agreement, National Credit Act, Tribunal Powers
Banking and Finance Civil Procedure Debt Counsellor Registration Consent Order Settlement Agreement National Credit Act Tribunal Powers

Case Brief

Summary, issues, holding and outcome

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Parties

National Credit Regulator

Applicant

Liezl de Klerk

Respondent

Procedural Posture

Consent Order Application / Final Determination on Confirmation of Settlement Agreement

Legal Issues

  1. 1 Whether the settlement agreement between the parties should be confirmed as a consent order under section 138(1) of the National Credit Act.
  2. 2 Whether the transfer of consumer files to Mr Ferdinand de Klerk is appropriate under the circumstances.
  3. 3 Whether the Tribunal has the power to amend or refuse the settlement agreement presented by the parties.

Ratio Decidendi

The Tribunal found that the settlement agreement concluded between the parties, including the transfer of consumer files to Mr Ferdinand de Klerk, was appropriate in the circumstances. No evidence was presented that Mr de Klerk was currently in contravention of the Act, and the Applicant itself had registered him as a debt counsellor. The Tribunal held that its role was limited to confirming or refusing the agreement, not amending it. The interests of the consumers and the need for finality justified confirming the agreement. The Tribunal clarified that its decision did not preclude future investigation of Mr de Klerk by the Applicant.

Court Disposition

The consent order dated 5 February 2013 is confirmed. No order as to costs.

Orders

  • The consent order dated 5 February 2013 is hereby confirmed.
  • There is no order as to costs.