Nyoka v Trans-Union Credit Bureau (Pty) Ltd (2525/2013) [2015] ZAECMHC 39 (12 February 2015)

Nyoka v Trans-Union Credit Bureau (Pty) Ltd (2525/2013) [2015] ZAECMHC 39 (12 February 2015)

The court found that the relief sought by the applicant, namely the provision of information constituting the adverse credit report and the full contact particulars of the sources, is enforceable within its jurisdiction. The court distinguished between cases where the relief sought requires action outside its jurisdiction (as in Buqwana) and cases where the information can be delivered to the applicant wherever she resides (as in Zokufa). The National Credit Act obliges credit bureaus to deliver credit information to consumers upon request, and nothing in the Act prohibits delivery away from the place where the information is stored. The respondent's failure to provide the requested...

Citation
[2015] ZAECMHC 39
Parties
Applicant: Nonkqubela Nyoka; Respondent: Trans-Union Credit Bureau (Pty) Ltd
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
12 February 2015
Case Number
2525/2013
Procedural Posture
Review Application / First Instance Judgment
Outcome
Application granted with costs against the respondent.
Judges
LP Pakade
Legal Topics
Jurisdiction Over Peregrinus, National Credit Act, Mandamus, Declaratory Relief
Civil Procedure Commercial and Corporate Jurisdiction Over Peregrinus National Credit Act Mandamus Declaratory Relief

Case Brief

Summary, issues, holding and outcome

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Parties

Nonkqubela Nyoka

Applicant

Trans-Union Credit Bureau (Pty) Ltd

Respondent

Procedural Posture

Review Application / First Instance Judgment

Legal Issues

  1. 1 Whether the Eastern Cape High Court has jurisdiction over a peregrinus respondent for relief sought under the National Credit Act.
  2. 2 Whether the respondent is obliged to provide the applicant with full contact particulars of the sources of adverse credit information under the National Credit Act.
  3. 3 Whether the respondent's failure to provide such information is unlawful.

Ratio Decidendi

The court found that the relief sought by the applicant, namely the provision of information constituting the adverse credit report and the full contact particulars of the sources, is enforceable within its jurisdiction. The court distinguished between cases where the relief sought requires action outside its jurisdiction (as in Buqwana) and cases where the information can be delivered to the applicant wherever she resides (as in Zokufa). The National Credit Act obliges credit bureaus to deliver credit information to consumers upon request, and nothing in the Act prohibits delivery away from the place where the information is stored. The respondent's failure to provide the requested...

Court Disposition

Application granted with costs against the respondent.

Orders

  • The respondent is ordered to deliver to the applicant, through her attorneys AS Zono and Associates, in terms of the provisions of the National Credit Act 34 of 2005, without charge, all files, reports or information concerning the applicant which constitute adverse credit report to Ned Bank Ltd and delivered by the...
  • The respondent is ordered to pay the costs of the application.