Qabaka v Solomon and Another (NCT/297314/2023/141(1)(b)) [2024] ZANCT 54 (20 November 2024)

Qabaka v Solomon and Another (NCT/297314/2023/141(1)(b)) [2024] ZANCT 54 (20 November 2024)

The Tribunal found that the applicant was placed under debt review without his consent, in breach of section 86(1) of the NCA and the first respondent's conditions of registration. The first respondent failed to oppose the application or comply with Tribunal summonses, and her conduct constituted prohibited conduct under section 52(5)(c) of the NCA. The NCR, as custodian of the Debt Help System, was joined to ensure the applicant's right to challenge and correct inaccurate credit information. The Tribunal condemned the NCR's procedural irregularities and rejected its submissions. Considering the gravity and impact of the first respondent's conduct, the Tribunal imposed an administrative...

Citation
[2024] ZANCT 54
Parties
Applicant: Joseph Tuelo Qabaka; Respondent: Raathia Solomon; Respondent: National Credit Regulator
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
20 November 2024
Case Number
NCT/297314/2023/141(1)(b)
Procedural Posture
Leave to Appeal / Final Judgment After Default Hearing and Joinder of Second Respondent
Outcome
Application granted. The first respondent found to have committed prohibited conduct and ordered to pay an administrative fine. The applicant's debt review status must be removed.
Judges
A Potwana, M Peenze, C Sassman
Legal Topics
Debt Review, Prohibited Conduct, Administrative Fine, Credit Bureau Information, Non Referral, Consumer Protection
Banking and Finance Administrative Law Debt Review Prohibited Conduct Administrative Fine Credit Bureau Information Non Referral Consumer Protection

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Parties

Joseph Tuelo Qabaka

Applicant

Raathia Solomon

Respondent

National Credit Regulator

Respondent

Procedural Posture

Leave to Appeal / Final Judgment After Default Hearing and Joinder of Second Respondent

Legal Issues

  1. 1 Whether the applicant was placed under debt review without his consent.
  2. 2 Whether the first respondent contravened her conditions of registration and the National Credit Act.
  3. 3 Whether the applicant's debt review status should be removed from the NCR's Debt Help System and credit bureaus.

Ratio Decidendi

The Tribunal found that the applicant was placed under debt review without his consent, in breach of section 86(1) of the NCA and the first respondent's conditions of registration. The first respondent failed to oppose the application or comply with Tribunal summonses, and her conduct constituted prohibited conduct under section 52(5)(c) of the NCA. The NCR, as custodian of the Debt Help System, was joined to ensure the applicant's right to challenge and correct inaccurate credit information. The Tribunal condemned the NCR's procedural irregularities and rejected its submissions. Considering the gravity and impact of the first respondent's conduct, the Tribunal imposed an administrative...

Court Disposition

Application granted. The first respondent found to have committed prohibited conduct and ordered to pay an administrative fine. The applicant's debt review status must be removed.

Orders

  • The first respondent contravened section 52(5)(c) of the NCA.
  • The first respondent's contravention is declared prohibited conduct in terms of section 150(a) of the NCA.