National Credit Regulator v Strydom and Another (NCT-274566-2023-137) [2023] ZANCT 31 (5 September 2023)

National Credit Regulator v Strydom and Another (NCT-274566-2023-137) [2023] ZANCT 31 (5 September 2023)

The Tribunal found that the applicant presented a cognisable claim supported by documentary evidence, alleging prohibited conduct by the respondents in charging unlawful fees. Although the preliminary investigation was limited and did not fully address the personal conduct of both respondents, the absence of answering affidavits means the facts alleged by the applicant are deemed admitted. The Tribunal held that leave to refer should be granted, allowing the complaint to proceed for adjudication. This ruling does not constitute a finding on the Tribunal's jurisdiction in the main matter, nor does it preclude the respondents from raising arguments regarding the adequacy of the...

Citation
[2023] ZANCT 31
Parties
Applicant: National Credit Regulator; Respondent: Cornel Strydom; Respondent: Susan Strydom
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
5 September 2023
Case Number
NCT-274566-2023-137
Procedural Posture
Leave to Appeal / Application for Leave to Refer Complaint Directly to Tribunal
Outcome
Leave to refer the complaint directly to the Tribunal is granted.
Judges
MC Peenze, C Sassman, P Manzi-Ntshingila
Legal Topics
National Credit Act, Debt Counselling Fees, Prohibited Conduct, Tribunal Jurisdiction
Banking and Finance Civil Procedure National Credit Act Debt Counselling Fees Prohibited Conduct Tribunal Jurisdiction

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 5 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

National Credit Regulator

Applicant

Cornel Strydom

Respondent

Susan Strydom

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer Complaint Directly to Tribunal

Legal Issues

  1. 1 Whether the applicant may bring a complaint directly before the Tribunal without a formal investigation under section 139.
  2. 2 Whether the respondents, as debt counsellors, unlawfully charged fees to the complainant contrary to the National Credit Act and their conditions of registration.
  3. 3 Whether the Tribunal has jurisdiction to hear the complaint in the absence of a statutory investigation.

Ratio Decidendi

The Tribunal found that the applicant presented a cognisable claim supported by documentary evidence, alleging prohibited conduct by the respondents in charging unlawful fees. Although the preliminary investigation was limited and did not fully address the personal conduct of both respondents, the absence of answering affidavits means the facts alleged by the applicant are deemed admitted. The Tribunal held that leave to refer should be granted, allowing the complaint to proceed for adjudication. This ruling does not constitute a finding on the Tribunal's jurisdiction in the main matter, nor does it preclude the respondents from raising arguments regarding the adequacy of the...

Court Disposition

Leave to refer the complaint directly to the Tribunal is granted.

Orders

  • The application for leave to refer is granted.
  • The respondents may file an answering affidavit with the Tribunal within 15 business days of the issuing of this ruling and serve the same on the applicant.