National Credit Regulator v Maoto (NCT/277089/2023/57(1)) [2024] ZANCT 16 (10 July 2024)

National Credit Regulator v Maoto (NCT/277089/2023/57(1)) [2024] ZANCT 16 (10 July 2024)

The Tribunal found that the respondent repeatedly contravened sections 52(5)(c) of the National Credit Act and her conditions of registration by updating consumer statuses on the Debt Help System without supporting documentation, failing to use a registered Payment Distribution Agency, and failing to maintain adequate records. The respondent's conduct undermined the debt review system and brought the debt counselling profession into disrepute. The Tribunal rejected the respondent's explanations as insufficient and found that her actions constituted prohibited conduct. Given the seriousness and duration of the contraventions, the Tribunal held that cancellation of the respondent's...

Citation
[2024] ZANCT 16
Parties
Applicant: National Credit Regulator; Respondent: Matea Gladness Maoto
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
10 July 2024
Case Number
NCT/277089/2023/57(1)
Procedural Posture
Review Application / Opposed Application for Cancellation of Debt Counsellor Registration
Outcome
Application granted. The respondent's registration as a debt counsellor is cancelled and an administrative fine imposed.
Judges
S Hockey, MC Peenze, P Manzi-Ntshingila
Legal Topics
National Credit Act, Debt Counsellor Registration, Prohibited Conduct, Administrative Fine, Consumer Protection
Banking and Finance Administrative Law National Credit Act Debt Counsellor Registration Prohibited Conduct Administrative Fine Consumer Protection

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

National Credit Regulator

Applicant

Matea Gladness Maoto

Respondent

Procedural Posture

Review Application / Opposed Application for Cancellation of Debt Counsellor Registration

Legal Issues

  1. 1 Whether the respondent contravened the National Credit Act and her conditions of registration as a debt counsellor.
  2. 2 Whether the respondent's registration as a debt counsellor should be cancelled under section 57(1) of the NCA.
  3. 3 Whether an administrative fine should be imposed for prohibited conduct.

Ratio Decidendi

The Tribunal found that the respondent repeatedly contravened sections 52(5)(c) of the National Credit Act and her conditions of registration by updating consumer statuses on the Debt Help System without supporting documentation, failing to use a registered Payment Distribution Agency, and failing to maintain adequate records. The respondent's conduct undermined the debt review system and brought the debt counselling profession into disrepute. The Tribunal rejected the respondent's explanations as insufficient and found that her actions constituted prohibited conduct. Given the seriousness and duration of the contraventions, the Tribunal held that cancellation of the respondent's...

Court Disposition

Application granted. The respondent's registration as a debt counsellor is cancelled and an administrative fine imposed.

Orders

  • It is declared that the respondent repeatedly contravened sections 52(5)(c) and her conditions of registration 2, 4, 5, 11, and B1.
  • The contraventions are declared to be prohibited conduct.