National Credit Regulator v L.A Van Rooten Finansiele Dienste BK t/a Abafana Finance-Benoni (NCT/39808/2016/140(1)) [2016] ZANCT 29 (21 July 2016)

National Credit Regulator v L.A Van Rooten Finansiele Dienste BK t/a Abafana Finance-Benoni (NCT/39808/2016/140(1)) [2016] ZANCT 29 (21 July 2016)

The Tribunal accepted the settlement agreement reached between the Applicant and Respondent, finding that it met the requirements to fall within the Tribunal's jurisdiction. As a result, the Tribunal did not adjudicate the merits of the alleged contraventions but instead made the settlement agreement an order of the Tribunal. The Tribunal noted that no order as to costs was requested or granted. The matter was resolved without a full hearing on the evidence due to the parties' agreement.

Citation
[2016] ZANCT 29
Parties
Applicant: National Credit Regulator; Respondent: L.A. Van Rooyen Finansiele Dienste BK t/a Abafana Finance - Benoni
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
21 July 2016
Case Number
NCT/39808/2016/140(1)
Procedural Posture
Review Application / Settlement Agreement Presented at Hearing; Tribunal Order Granted
Outcome
Settlement agreement made an order of the Tribunal; no order as to costs.
Judges
J. Maseko, H. Devraj, P. Beck
Legal Topics
National Credit Act, Prohibited Conduct, Administrative Fine, Settlement Agreement, Credit Provider Compliance
Banking and Finance Civil Procedure National Credit Act Prohibited Conduct Administrative Fine Settlement Agreement Credit Provider Compliance

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Parties

National Credit Regulator

Applicant

L.A. Van Rooyen Finansiele Dienste BK t/a Abafana Finance - Benoni

Respondent

Procedural Posture

Review Application / Settlement Agreement Presented at Hearing; Tribunal Order Granted

Legal Issues

  1. 1 Whether the Respondent contravened section 80(1)(a) of the National Credit Act.
  2. 2 Whether the Respondent contravened section 81(2) and 81(3) of the National Credit Act.
  3. 3 Whether the Respondent contravened section 90(2)(k)(iii), 91(a), and 92(1) of the National Credit Act.

Ratio Decidendi

The Tribunal accepted the settlement agreement reached between the Applicant and Respondent, finding that it met the requirements to fall within the Tribunal's jurisdiction. As a result, the Tribunal did not adjudicate the merits of the alleged contraventions but instead made the settlement agreement an order of the Tribunal. The Tribunal noted that no order as to costs was requested or granted. The matter was resolved without a full hearing on the evidence due to the parties' agreement.

Court Disposition

Settlement agreement made an order of the Tribunal; no order as to costs.

Orders

  • The settlement agreement dated 21 July 2016 between the parties is made an order of the Tribunal.
  • There is no order as to costs.