Sager and Another v Absa Bank Limited and Others (NCT/120384/2018/165) [2019] ZANCT 19 (4 March 2019)

Sager and Another v Absa Bank Limited and Others (NCT/120384/2018/165) [2019] ZANCT 19 (4 March 2019)

The Tribunal found that the original consent order was correctly granted based on the acceptance letter dated 13 December 2016, which expressly confirmed acceptance of the debt re-arrangement agreement by ABSA Bank Limited. The subsequent acceptance letter dated 29 October 2018 was received after the order was granted and cannot be used to justify variation under Section 165 of the National Credit Act. There was no ambiguity, obvious error, or omission in the original order, and the requirements for variation under Section 165 were not met. The application to vary the consent order was therefore refused.

Citation
[2019] ZANCT 19
Parties
Applicant: Benay Sager; Applicant: Angela Evelyn Mlangeni; Respondent: Absa Bank Limited; Respondent: Edcon (Pty) Ltd; Respondent: Foschini Retail Group (Pty) Ltd; Respondent: Pres Les (Pty) Ltd; Respondent: Sanlam Personal Loans (Pty) Ltd; Respondent: Standard Bank of South Africa Limited; Respondent: Woolworths (Pty) Ltd; Respondent: Woolworths Financial Services (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
4 March 2019
Case Number
NCT/120384/2018/165
Procedural Posture
Variation Application / Application for Variation of Consent Order Under Section 165 of the National Credit Act
Outcome
Application to vary the consent order is refused.
Judges
A Potwana, H Devraj, T Bailey
Legal Topics
National Credit Act, Debt Restructuring, Variation of Order, Default Judgment
Banking and Finance Civil Procedure National Credit Act Debt Restructuring Variation of Order Default Judgment

Case Brief

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Parties

Benay Sager

Applicant

Angela Evelyn Mlangeni

Applicant

Absa Bank Limited

Respondent

Edcon (Pty) Ltd

Respondent

Foschini Retail Group (Pty) Ltd

Respondent

Pres Les (Pty) Ltd

Respondent

Sanlam Personal Loans (Pty) Ltd

Respondent

Standard Bank of South Africa Limited

Respondent

Woolworths (Pty) Ltd

Respondent

Woolworths Financial Services (Pty) Ltd

Respondent

Procedural Posture

Variation Application / Application for Variation of Consent Order Under Section 165 of the National Credit Act

Legal Issues

  1. 1 Whether the Tribunal should vary the consent order granted on 2 March 2017 under Section 165 of the National Credit Act.
  2. 2 Whether the acceptance letter dated 29 October 2018 from ABSA Bank Limited justifies a variation of the original order.
  3. 3 Whether an obvious error or omission occurred in the granting of the original order.

Ratio Decidendi

The Tribunal found that the original consent order was correctly granted based on the acceptance letter dated 13 December 2016, which expressly confirmed acceptance of the debt re-arrangement agreement by ABSA Bank Limited. The subsequent acceptance letter dated 29 October 2018 was received after the order was granted and cannot be used to justify variation under Section 165 of the National Credit Act. There was no ambiguity, obvious error, or omission in the original order, and the requirements for variation under Section 165 were not met. The application to vary the consent order was therefore refused.

Court Disposition

Application to vary the consent order is refused.

Orders

  • The application to vary the consent order is refused.
  • There is no order as to costs.