South Africa Order

National Consumer Tribunal

National Credit Regulator v Triple Advanced Investments 40 (Pty) Ltd (NCT/35431/2015/140(1)) [2017] ZANCT 84 (10 July 2017)

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Research organized from the available case record

Source document

01

Holding and result

The Tribunal found that both parties had signed the settlement agreement through duly authorised representatives and that both parties confirmed the correction of a typographical error in the signature block. There was no dispute regarding the validity or enforceability of the agreement. The Tribunal was satisfied that the requirements for making the settlement agreement an order of the Tribunal were met. Accordingly, the signed settlement agreement was made an order of the Tribunal.

Court disposition

The signed settlement agreement is made an order of the Tribunal. No order as to costs.

Orders

  • The signed settlement agreement attached as Annexure 'A' is made an order of the Tribunal.
  • No order is made as to costs.

02

Material facts

Parties

National Credit Regulator

Applicant Counsel: Ms J Pieters

Triple Advanced Investments 40 (Pty) Ltd

Respondent Counsel: Mr A Van Den Bout

03

Procedural history

  1. Posture

    Settlement Agreement / Order Granted on Settlement

04

Questions and positions

Legal issues

Party arguments

Applicant
The Applicant submitted a signed settlement agreement and confirmed that it was executed by its duly authorised Manager of investigations, Ms J Pieters. The Applicant clarified that a typographical error beneath its signature should read 'For and behalf of the Applicant' instead of 'For and on behalf of the Respondent'. The Applicant requested that the agreement be made an order of the Tribunal.
Respondent
The Respondent, represented by attorney Mr A Van Den Bout, confirmed that he signed the settlement agreement on behalf of the Respondent, as duly authorised by its Directors. The Respondent concurred with the Applicant regarding the typographical error and supported the request for the agreement to be made an order of the Tribunal.

05

Court’s reasoning

  1. 01

    National Credit Act, 34 of 2005

    A settlement agreement signed by duly authorised representatives of both parties may be made an order of the Tribunal if both parties consent and the agreement is valid.

  2. 02

    General principles of contract law

    Typographical errors in the signature block do not invalidate the substance of the agreement if the parties confirm the correct attribution and intention.

06

Ratio, limits and disposition

Ratio decidendi

The Tribunal found that both parties had signed the settlement agreement through duly authorised representatives and that both parties confirmed the correction of a typographical error in the signature block. There was no dispute regarding the validity or enforceability of the agreement. The Tribunal was satisfied that the requirements for making the settlement agreement an order of the Tribunal were met. Accordingly, the signed settlement agreement was made an order of the Tribunal.

Obiter and limits

  • No order is made as to costs.
  • The Tribunal notes the importance of clarity in the execution of settlement agreements, especially regarding the correct attribution of signatures.

Court disposition

The signed settlement agreement is made an order of the Tribunal. No order as to costs.

  • The signed settlement agreement attached as Annexure 'A' is made an order of the Tribunal.
  • No order is made as to costs.

Source and reliance status

National Consumer Tribunal

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Judgment reading view

Judgment text

The complete available source text.

Source document

National Consumer Tribunal

Order

[2017] ZANCT 84

IN

THE NATIONAL CONSUMER TRIBUNAL

HELD

IN CENTURION

Case number: NCT/35431/2015/140(1)

In the matter between:

THE

NATIONAL CREDIT

REGULATOR

APPLICANT

and

TRIPLE ADVANCED INVESTMENTS 40 (PTY) LTD

RESPONDENT

Coram:

Adv J Simpson -

Presiding Member

Ms. H Devraj - Member

Ms. P Beck - Member

Date of Hearing – 10 July 2017

SETTLEMENT

AGREEMENT

1. The parties appeared before the Tribunal on 10 July 2017.

2. The parties submitted a signed settlement agreement and requested that it be made an order of the Tribunal.

3. The Applicant confirmed that the agreement was signed by its duly authorised Manager of investigations, Ms J Pieters.

4. The attorney appearing for the Respondent, Mr A Van Den Bout, confirmed that he signed the settlement agreement on behalf of the Respondent, as duly authorised by the Directors of the Respondent.

5. The parties both confirmed that the phrase beneath the Applicant’s signature stating “NATIONAL CREDIT REGULATOR For and on behalf of the Respondent” contains a typographical error and should in fact state “For and behalf of the Applicant”.

6. The signed settlement agreement, attached as Annexure “A”, is hereby made an order of the Tribunal.

No order is made as to costs.

DATED 10 JULY 2017

[signed]

Adv. J Simpson

Presiding Member

Ms. H Devraj (member) and Ms. P Beck (member) concurring.

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

National Credit Act, 34 of 2005

Legislation

Legislation referenced in the available case record.

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