National Credit Regulator v Nsibande (NCT/3915/2012/57(1)(P)NCA) [2013] ZANCT 3 (18 January 2013)

National Credit Regulator v Nsibande (NCT/3915/2012/57(1)(P)NCA) [2013] ZANCT 3 (18 January 2013)

The Tribunal found, on uncontested evidence, that the Respondent repeatedly contravened both general and specific conditions of her registration as a debt counsellor, including receiving and failing to distribute consumer funds, overcharging application fees, failing to comply with statutory timeframes, and leaving her practice in the hands of an unregistered person. These actions constituted repeated contraventions of the National Credit Act and her registration conditions. The Tribunal held that such conduct is prohibited under section 150(a) of the Act and justified cancellation of registration. The Respondent was ordered to refund all excess fees to consumers, specifically refund Mr...

Citation
[2013] ZANCT 3
Parties
Applicant: National Credit Regulator; Respondent: Nokuthula Nsibande
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
18 January 2013
Case Number
NCT/3915/2012/57(1)(P)NCA
Procedural Posture
Default Application / Default Order Hearing Before the Tribunal
Outcome
Application granted. The Respondent's registration as a debt counsellor is cancelled, her conduct is declared prohibited, and she is ordered to refund consumers and surrender files.
Judges
D Terblanche, P Beck, X May
Legal Topics
Debt Counselling, Cancellation of Registration, Prohibited Conduct, Refund of Excess Fees, Failure to Comply With Conditions
Banking and Finance Civil Procedure Debt Counselling Cancellation of Registration Prohibited Conduct Refund of Excess Fees Failure to Comply With Conditions

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Parties

National Credit Regulator

Applicant

Nokuthula Nsibande

Respondent

Procedural Posture

Default Application / Default Order Hearing Before the Tribunal

Legal Issues

  1. 1 Whether the Respondent repeatedly contravened the general and specific conditions of her registration as a debt counsellor under the National Credit Act.
  2. 2 Whether the Respondent's conduct constituted prohibited conduct under section 150(a) of the National Credit Act.
  3. 3 Whether the Respondent should be ordered to refund consumers and surrender her files to the Applicant.

Ratio Decidendi

The Tribunal found, on uncontested evidence, that the Respondent repeatedly contravened both general and specific conditions of her registration as a debt counsellor, including receiving and failing to distribute consumer funds, overcharging application fees, failing to comply with statutory timeframes, and leaving her practice in the hands of an unregistered person. These actions constituted repeated contraventions of the National Credit Act and her registration conditions. The Tribunal held that such conduct is prohibited under section 150(a) of the Act and justified cancellation of registration. The Respondent was ordered to refund all excess fees to consumers, specifically refund Mr...

Court Disposition

Application granted. The Respondent's registration as a debt counsellor is cancelled, her conduct is declared prohibited, and she is ordered to refund consumers and surrender files.

Orders

  • The Respondent's conduct is declared prohibited in terms of section 150(a) of the National Credit Act.
  • The Respondent's registration as a debt counsellor is cancelled with immediate effect in terms of section 150(g) of the Act.