National Credit Regulator v Edwards (NCT/206984/2021/138(1)(b)) [2021] ZANCT 55 (30 November 2021)

National Credit Regulator v Edwards (NCT/206984/2021/138(1)(b)) [2021] ZANCT 55 (30 November 2021)

The Tribunal found that the Respondent's failure to reject the debt review application was inconsistent with the requirements of the National Credit Act and constituted prohibited conduct. The Tribunal was satisfied that the settlement agreement properly recorded the contravention and the remedial undertakings by the Respondent. As both parties agreed to the terms of the settlement, and the requirements of section 138(1)(b) were met, the Tribunal confirmed the settlement agreement as a consent order.

Citation
[2021] ZANCT 55
Parties
Applicant: National Credit Regulator; Respondent: Azmi Edwards
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
30 November 2021
Case Number
NCT/206984/2021/138(1)(b)
Procedural Posture
Consent Order Application / Final Determination
Outcome
Settlement agreement confirmed as a consent order; no order as to costs.
Judges
H Alwar
Legal Topics
National Credit Act, Debt Counselling, Consent Order, Prohibited Conduct
Banking and Finance Civil Procedure National Credit Act Debt Counselling Consent Order Prohibited Conduct

Case Brief

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Parties

National Credit Regulator

Applicant

Azmi Edwards

Respondent

Procedural Posture

Consent Order Application / Final Determination

Legal Issues

  1. 1 Whether the settlement agreement between the parties should be confirmed as a consent order under section 138(1)(b) of the National Credit Act.
  2. 2 Whether the Respondent's failure to reject the debt review application constituted prohibited conduct under the Act.

Ratio Decidendi

The Tribunal found that the Respondent's failure to reject the debt review application was inconsistent with the requirements of the National Credit Act and constituted prohibited conduct. The Tribunal was satisfied that the settlement agreement properly recorded the contravention and the remedial undertakings by the Respondent. As both parties agreed to the terms of the settlement, and the requirements of section 138(1)(b) were met, the Tribunal confirmed the settlement agreement as a consent order.

Court Disposition

Settlement agreement confirmed as a consent order; no order as to costs.

Orders

  • The Settlement Agreement concluded on 5 August 2021 between the Applicant and the Respondent, annexed as Annexure A to NCR v Azmi Edwards NCT/206984/2021/138(1)(b), is confirmed and made an order of the National Consumer Tribunal in terms of section 138(1)(b) of the National Credit Act, 2005.
  • There is no order as to costs.