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South Africa Order

National Consumer Tribunal

National Credit Regulator v Lewis Stores (Pty) Ltd (NCT/185195/2021/138) [2021] ZANCT 52 (1 December 2021)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The Tribunal is satisfied that the applicant and respondent are parties to a valid settlement agreement. In terms of section 138(1) of the National Credit Act, the Tribunal confirms the settlement agreement as an order. The order is enforceable as if it were an order of the High Court, and non-compliance constitutes an offence under section 160(1) of the Act.

Court disposition

The settlement agreement between the parties is confirmed and made an order of the Tribunal.

Orders

  • The settlement agreement attached as Annexure A is made an order of the Tribunal.
  • The parties are warned that non-compliance with the order constitutes an offence under section 160(1) of the National Credit Act.

02

Material facts

Parties

National Credit Regulator

Applicant

Lewis Stores (Pty) Ltd

Respondent

03

Procedural history

  1. Posture

    Consent Order / Final

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant submits that a settlement agreement has been reached with the respondent and requests confirmation of the agreement as an order of the Tribunal in terms of section 138(1) of the National Credit Act.
Respondent
The respondent does not oppose the confirmation of the settlement agreement and consents to it being made an order of the Tribunal.

05

Court’s reasoning

  1. 01

    National Credit Act, Act 34 of 2005, section 138(1)

    A settlement agreement between parties may be confirmed as an order of the Tribunal under section 138(1) of the National Credit Act.

  2. 02

    National Credit Act, Act 34 of 2005, section 152

    Any decision, judgment or order of the Tribunal may be served, executed and enforced as if it were an order of the High Court.

  3. 03

    National Credit Act, Act 34 of 2005, section 160(1)

    Failure to comply with an order of the Tribunal constitutes an offence.

06

Ratio, limits and disposition

Ratio decidendi

The Tribunal is satisfied that the applicant and respondent are parties to a valid settlement agreement. In terms of section 138(1) of the National Credit Act, the Tribunal confirms the settlement agreement as an order. The order is enforceable as if it were an order of the High Court, and non-compliance constitutes an offence under section 160(1) of the Act.

Obiter and limits

  • The Tribunal draws the parties' attention to the enforcement provisions of section 152 of the National Credit Act.
  • The parties are warned that failure to comply with the Tribunal's order is a criminal offence under section 160(1) of the Act.

Court disposition

The settlement agreement between the parties is confirmed and made an order of the Tribunal.

  • The settlement agreement attached as Annexure A is made an order of the Tribunal.
  • The parties are warned that non-compliance with the order constitutes an offence under section 160(1) of the National Credit Act.

Source and reliance status

National Consumer Tribunal

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Judgment reading view

Judgment text

The complete available source text.

Source document

National Consumer Tribunal

Order

[2021] ZANCT 52

IN THE NATIONAL CONSUMER

TRIBUNAL

HELD IN CENTURION

Case Number: NCT/185195/2021/138

In the matter between:

NATIONAL

CREDIT REGULATOR

APPLICANT

And

LEWIS STORES (PTY) LTD

(NCRCP 47)

RESPONDENT

Coram:

Adv J Simpson

- Presiding Tribunal Member

Date of Set down (in chambers) - 1 December 2021

Date of order

- 1 December 2021

CONSENT

ORDER

1. The Tribunal, having considered the papers filed of record, is satisfied that the Applicant and the Respondent are parties to a settlement agreement. The settlement agreement can be confirmed as an order of the Tribunal in terms of section 138(1) of the National Credit Act, Act 34 of 2005 ("the Act").

2. The parties' attention is drawn to section 152 of the Act, which

states:

Any decision, judgement or order of the Tribunal may be served, executed and enforced as if it were an order of the High Court.

3. The parties are warned that failure to comply with the order of the Tribunal constitutes an offence in terms of section 160(1) of the Act.

4. The settlement agreement, attached as "Annexure A, NCR v Lewis Stores (Pty) Ltd NCT.185195.2021 settlement agreement", is hereby made an order of the Tribunal.

DATED ON THIS 1ST DAY OF DECEMBER 2021

[signed]

Adv J Simpson

Presiding Tribunal Member

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

National Credit Act, Act 34 of 2005

Legislation

Legislation referenced in the available case record.

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