National Credit Regulator v Samuels (NCT/129236/2019/138(1)(b)) [2019] ZANCT 115 (13 July 2019)

National Credit Regulator v Samuels (NCT/129236/2019/138(1)(b)) [2019] ZANCT 115 (13 July 2019)

The Tribunal found that the amended settlement agreement complied with its directive, as the full names and capacities of the representatives were stated and each page was initialled. The Tribunal was satisfied that the requirements of section 138 of the National Credit Act were met and that both parties consented to the terms. Accordingly, the Tribunal confirmed the amended settlement agreement as a consent order. No order as to costs was made.

Citation
[2019] ZANCT 115
Parties
Applicant: National Credit Regulator; Respondent: Catherine Fallon Samuels
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
13 July 2019
Case Number
NCT/129236/2019/138(1)(b)
Procedural Posture
Urgent Application / Application for Confirmation of Settlement Agreement
Outcome
The amended settlement agreement is confirmed as an order of the National Consumer Tribunal. No order as to costs.
Judges
P A Beck, M Peenze, Manamela
Legal Topics
National Credit Act, Consent Order, Settlement Agreement
Banking and Finance National Credit Act Consent Order Settlement Agreement

Case Brief

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Parties

National Credit Regulator

Applicant

Catherine Fallon Samuels

Respondent

Procedural Posture

Urgent Application / Application for Confirmation of Settlement Agreement

Legal Issues

  1. 1 Whether the amended settlement agreement between the parties complies with the requirements of section 138 of the National Credit Act.
  2. 2 Whether the Tribunal should confirm the amended settlement agreement as a consent order.

Ratio Decidendi

The Tribunal found that the amended settlement agreement complied with its directive, as the full names and capacities of the representatives were stated and each page was initialled. The Tribunal was satisfied that the requirements of section 138 of the National Credit Act were met and that both parties consented to the terms. Accordingly, the Tribunal confirmed the amended settlement agreement as a consent order. No order as to costs was made.

Court Disposition

The amended settlement agreement is confirmed as an order of the National Consumer Tribunal. No order as to costs.

Orders

  • The amended Settlement Agreement entered into between the Applicant and the Respondent on 11 July 2019 is made an order of the National Consumer Tribunal in terms of Section 138 of the National Credit Act.
  • There is no order as to costs.