National Credit Regulator v Lewis Stores (Pty) Ltd (NCT/185195/2021/138) [2021] ZANCT 52 (1 December 2021)
- Citation
- [2021] ZANCT 52
- Status
- Order
- Jurisdiction
- South Africa
- Court
- National Consumer Tribunal
- Panel
- J Simpson
- Case number
- NCT/185195/2021/138
More details
- Court
- National Consumer Tribunal
- Panel
- J Simpson
- Case number
- NCT/185195/2021/138
On this page
Professional case brief
Research organized from the available case record
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
ApplicantLewis Stores (Pty) Ltd
Respondent03
Procedural history
Posture
Consent Order / Final
04
Questions and positions
Legal issues
- 01
Whether the settlement agreement between the parties can be confirmed as an order of the Tribunal under section 138(1) of the National Credit Act.
- 02
What are the consequences of non-compliance with the Tribunal's order.
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
Legal principles
- 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.
- 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.
- 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.
National Consumer Tribunal
Order
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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