National Credit Regulator v Govenoer (NCT/122481/2018/138(1)) [2019] ZANCT 80 (11 March 2019)

National Credit Regulator v Govenoer (NCT/122481/2018/138(1)) [2019] ZANCT 80 (11 March 2019)

The Tribunal found that the requirements of Section 138 of the National Credit Act were satisfied, as the parties had entered into a settlement agreement regarding the alleged contraventions. The Tribunal was satisfied that the agreement was appropriate and that both parties consented to its terms. Accordingly, the Tribunal confirmed the settlement agreement as a consent order. No order as to costs was made, as there was no basis for such an order in the circumstances.

Citation
[2019] ZANCT 80
Parties
Applicant: National Credit Regulator; Respondent: Marylee Govenoer
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
11 March 2019
Case Number
NCT/122481/2018/138(1)
Procedural Posture
Consent Order Application / Adjudication in Chambers
Outcome
Settlement agreement confirmed as a consent order; no order as to costs.
Judges
H Devraj
Legal Topics
National Credit Act, Settlement Agreement, Consent Order
Banking and Finance National Credit Act Settlement Agreement Consent Order

Case Brief

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Parties

National Credit Regulator

Applicant

Marylee Govenoer

Respondent

Procedural Posture

Consent Order Application / Adjudication in Chambers

Legal Issues

  1. 1 Whether the settlement agreement between the parties should be confirmed as a consent order under Section 138 of the National Credit Act.
  2. 2 Whether any order as to costs should be made.

Ratio Decidendi

The Tribunal found that the requirements of Section 138 of the National Credit Act were satisfied, as the parties had entered into a settlement agreement regarding the alleged contraventions. The Tribunal was satisfied that the agreement was appropriate and that both parties consented to its terms. Accordingly, the Tribunal confirmed the settlement agreement as a consent order. No order as to costs was made, as there was no basis for such an order in the circumstances.

Court Disposition

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

Orders

  • The settlement agreement entered into between the Applicant and the Respondent in December 2018 is made an order of the National Consumer Tribunal in terms of Section 138 of the National Credit Act, Act 34 of 2005 as amended.
  • There is no order as to costs.