National Credit Regulator v Wilbers (NCT/9596/2013/57(1)) [2014] ZANCT 11 (7 April 2014)

National Credit Regulator v Wilbers (NCT/9596/2013/57(1)) [2014] ZANCT 11 (7 April 2014)

The Tribunal found that the Respondent's registration as a debt counsellor automatically lapsed in 2011 due to non-payment of registration renewal fees, in accordance with Section 52(4)(b) of the National Credit Act and the precedent set in NCR v Lightning Cash Loans. As a result, the Tribunal was not empowered to cancel a registration that had already lapsed. The Tribunal further held that it could not order the Respondent to refund consumers for amounts intended for credit providers but not paid over, as such claims must be pursued under Section 164 of the Act. The Tribunal was also unable to impose an administrative penalty due to the absence of submissions and evidence regarding the...

Citation
[2014] ZANCT 11
Parties
Applicant: National Credit Regulator; Respondent: Werner Wilbers
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
7 April 2014
Case Number
NCT/9596/2013/57(1)
Procedural Posture
Review Application / Judgment
Outcome
Application for cancellation of Respondent's registration refused; registration deemed to have lapsed in 2011.
Judges
F Manamela, B Dumisa, J Simpson
Legal Topics
Debt Counsellor Registration, Automatic Lapsing of Registration, Contravention of National Credit Act, Prescribed Fees, Administrative Penalty, Refund of Excess Fees
Commercial and Corporate Civil Procedure Debt Counsellor Registration Automatic Lapsing of Registration Contravention of National Credit Act Prescribed Fees Administrative Penalty Refund of Excess Fees

Case Brief

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Parties

National Credit Regulator

Applicant

Werner Wilbers

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Respondent's registration as a debt counsellor lapsed automatically due to non-payment of registration fees.
  2. 2 Whether the Tribunal is empowered to cancel a registration that has already lapsed.
  3. 3 Whether the Tribunal can order the Respondent to refund consumers for amounts not paid to credit providers.

Ratio Decidendi

The Tribunal found that the Respondent's registration as a debt counsellor automatically lapsed in 2011 due to non-payment of registration renewal fees, in accordance with Section 52(4)(b) of the National Credit Act and the precedent set in NCR v Lightning Cash Loans. As a result, the Tribunal was not empowered to cancel a registration that had already lapsed. The Tribunal further held that it could not order the Respondent to refund consumers for amounts intended for credit providers but not paid over, as such claims must be pursued under Section 164 of the Act. The Tribunal was also unable to impose an administrative penalty due to the absence of submissions and evidence regarding the...

Court Disposition

Application for cancellation of Respondent's registration refused; registration deemed to have lapsed in 2011.

Orders

  • The application for cancellation of the Respondent's registration as a debt counsellor is refused as the registration is deemed to have lapsed in 2011.
  • The Respondent is ordered to surrender all of his client files to the Applicant and to furnish the Applicant with a detailed contact list of all past and present clients of Werner Wilbers Debt Counselling Services within ten days of receipt of this judgment.