National Credit Regulator v Fourie (NCT/129601/2019/138(1)) [2019] ZANCT 102 (28 June 2019)

National Credit Regulator v Fourie (NCT/129601/2019/138(1)) [2019] ZANCT 102 (28 June 2019)

The Tribunal found that the respondent's failure to issue the required proposal for debt re-arrangement constituted prohibited conduct under the National Credit Act. The settlement agreement, signed by both parties, records the contravention and sets out remedial actions to be taken by the respondent. The Tribunal was satisfied that the agreement met the requirements for confirmation as a consent order under section 138(1)(b) of the Act. The Tribunal also confirmed that the applicant's representative was duly authorised to sign the agreement. Accordingly, the Tribunal granted the application and confirmed the settlement agreement as a consent order.

Citation
[2019] ZANCT 102
Parties
Applicant: National Credit Regulator; Respondent: Johan Fourie
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
28 June 2019
Case Number
NCT/129601/2019/138(1)
Procedural Posture
Consent Order Application / Application for Confirmation of Settlement Agreement
Outcome
Application granted; settlement agreement confirmed as a consent order.
Judges
T Bailey, M Nkomo, B Dumisa
Legal Topics
National Credit Act, Debt Counselling, Prohibited Conduct, Consent Order, Settlement Agreement
Banking and Finance Civil Procedure National Credit Act Debt Counselling Prohibited Conduct Consent Order Settlement Agreement

Case Brief

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Parties

National Credit Regulator

Applicant

Johan Fourie

Respondent

Procedural Posture

Consent Order Application / Application for Confirmation of Settlement Agreement

Legal Issues

  1. 1 Whether the respondent's failure to issue a proposal recommending debt re-arrangement constitutes prohibited conduct under the National Credit Act.
  2. 2 Whether the settlement agreement between the applicant and respondent should be confirmed as a consent order by the Tribunal.

Ratio Decidendi

The Tribunal found that the respondent's failure to issue the required proposal for debt re-arrangement constituted prohibited conduct under the National Credit Act. The settlement agreement, signed by both parties, records the contravention and sets out remedial actions to be taken by the respondent. The Tribunal was satisfied that the agreement met the requirements for confirmation as a consent order under section 138(1)(b) of the Act. The Tribunal also confirmed that the applicant's representative was duly authorised to sign the agreement. Accordingly, the Tribunal granted the application and confirmed the settlement agreement as a consent order.

Court Disposition

Application granted; settlement agreement confirmed as a consent order.

Orders

  • The Settlement Agreement concluded on 8 April 2019 between the applicant and respondent, annexed as 'Annexure A' under case number NCT/129601/2019/138(1), 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.