National Credit Regulator v Munsamy (NCT/140432/2019/57(1)) [2023] ZANCT 13 (13 February 2023)

National Credit Regulator v Munsamy (NCT/140432/2019/57(1)) [2023] ZANCT 13 (13 February 2023)

The Tribunal found that the Respondent contravened section 86(4)(b) read with Regulations 24(2) and 24(10) by failing to submit prescribed forms within statutory timeframes. However, the evidence did not support allegations of unlawful delegation of debt counselling duties or failure to notify the Applicant of significant changes affecting eligibility. The Tribunal accepted the Respondent's oral testimony as credible and found that she personally assessed over-indebtedness and communicated with consumers. The contravention was not repeated or intentional and did not warrant deregistration. An administrative fine of R10,000 was imposed as a proportionate penalty. The Tribunal dismissed the...

Citation
[2023] ZANCT 13
Parties
Applicant: National Credit Regulator; Respondent: Alfreda Munsamy
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
13 February 2023
Case Number
NCT/140432/2019/57(1)
Procedural Posture
Review Application / Final Judgment After Opposed Hearing
Outcome
Application for deregistration dismissed; administrative fine imposed.
Judges
MC Peenze, A Potwana, P Manzi-Ntshingila
Legal Topics
National Credit Act, Debt Counsellor Registration, Administrative Fine, Prohibited Conduct, Consumer Protection, Procedural Compliance
Banking and Finance Civil Procedure National Credit Act Debt Counsellor Registration Administrative Fine Prohibited Conduct Consumer Protection Procedural Compliance

Case Brief

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Parties

National Credit Regulator

Applicant

Alfreda Munsamy

Respondent

Procedural Posture

Review Application / Final Judgment After Opposed Hearing

Legal Issues

  1. 1 Did the Respondent contravene section 86(4)(b) of the National Credit Act and related regulations by failing to submit prescribed forms within statutory timeframes?
  2. 2 Did the Respondent unlawfully delegate debt counselling duties to unregistered persons, contravening the Act and Conditions of Registration?
  3. 3 Did the Respondent fail to inform the Applicant of significant changes affecting her eligibility or ability to act as a debt counsellor?

Ratio Decidendi

The Tribunal found that the Respondent contravened section 86(4)(b) read with Regulations 24(2) and 24(10) by failing to submit prescribed forms within statutory timeframes. However, the evidence did not support allegations of unlawful delegation of debt counselling duties or failure to notify the Applicant of significant changes affecting eligibility. The Tribunal accepted the Respondent's oral testimony as credible and found that she personally assessed over-indebtedness and communicated with consumers. The contravention was not repeated or intentional and did not warrant deregistration. An administrative fine of R10,000 was imposed as a proportionate penalty. The Tribunal dismissed the...

Court Disposition

Application for deregistration dismissed; administrative fine imposed.

Orders

  • The Respondent has engaged in prohibited conduct by contravening section 86(4) read with Regulations 24(2) and (1).
  • The Respondent must pay an administrative fine of R10,000.00 into the National Revenue Fund within 30 days of the date of this judgment.