Sager and Another v African Bank Limited and Others (NCT/67516/2016/165(1)(P)) [2017] ZANCT 65 (15 May 2017)
The Tribunal found that the omission of the consumer's identity number in the original consent order was a clerical error that required correction to ensure proper identification and enforcement. The variation application was granted, and the order was amended to include the identity number. The Tribunal confirmed...
Source-derived case information.
- Citation
- [2017] ZANCT 65
- Parties
- Applicant: Benay Sager; Respondent: Noluvuyo Euginia Sinqe; Respondent: African Bank Limited; Respondent: First National Bank, a division of Firstrand Bank Limited; Respondent: Foschini Retail Group (Pty) Ltd; Respondent: RCS Group; Respondent: Truworths Limited
- Court
- National Consumer Tribunal
- Jurisdiction
- South Africa
- Case Number
- NCT/67516/2016/165(1)(P)
- Procedural Posture
- Variation Application / Order Varying Previous Consent Order to Include Consumer Identity Number
- Outcome
- The application to vary the original consent order is granted. The order is amended to include the consumer's identity number. The payment structure is confirmed as an order of the Tribunal.
- Judges
- J Simpson
- Legal Topics
- Debt Rearrangement, National Credit Act, Consent Order Variation, Clearance Certificate, Enforcement of Tribunal Orders
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benay Sager
Applicant
Noluvuyo Euginia Sinqe
Respondent
African Bank Limited
Respondent
First National Bank, a division of Firstrand Bank Limited
Respondent
Foschini Retail Group (Pty) Ltd
Respondent
RCS Group
Respondent
Truworths Limited
Respondent
Procedural Posture
Variation Application / Order Varying Previous Consent Order to Include Consumer Identity Number
Legal Issues
- 1 Whether the Tribunal should vary the original consent order to include the consumer's identity number.
- 2 Whether the payment structure between the consumer and credit providers should be confirmed as an order of the Tribunal.
- 3 What are the legal consequences of non-compliance with the Tribunal's order.
Ratio Decidendi
The Tribunal found that the omission of the consumer's identity number in the original consent order was a clerical error that required correction to ensure proper identification and enforcement. The variation application was granted, and the order was amended to include the identity number. The Tribunal confirmed the payment structure between the consumer and the credit providers as an order under section 150 of the National Credit Act. The Tribunal further drew the parties' attention to the statutory provisions regarding clearance certificates, expungement of debt re-arrangement records, and enforcement of Tribunal orders. The parties were warned that non-compliance with the order...
Court Disposition
The application to vary the original consent order is granted. The order is amended to include the consumer's identity number. The payment structure is confirmed as an order of the Tribunal.
Orders
- The original order is varied to include the consumer's identity number.
- The payment structure between the consumer and the credit providers is confirmed as an order of the Tribunal under section 150 of the National Credit Act.
Full Case Text
Judgment text and source record
27 paragraphs
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy
IN THE NATIONAL CONSUMER TRIBUNAL HELD IN CENTURION
Case Number: NCT/67516/2016/165 (1)(P)
In the matter between:
BENAY SAGER
APPLICANT
NCR REGISTRATION NUMBER: 2484
And
NOLUVUYO EUGINIA SINQE IDENTITY NUMBER: [7...] CONSUMER
AFRICAN BANK LIMITED 1ST CREDIT PROVIDER FIRST NATIONAL BANK, A DIVISION OF FIRSTRAND BANK LIMITED 2ND CREDIT PROVIDER FOSCHINI RETAIL GROUP (PTY) LTD 3RD CREDIT PROVIDER RCS GROUP 4TH CREDIT PROVIDER TRUWORTHS LIMITED 5TH CREDIT PROVIDER
VARIED CONSENT ORDER
The original order on this matter was granted on 8 December 2016. The debt counsellor subsequently informed the Tribunal that the identity number for the consumer was omitted from the order and applied for a variation of the order to include the identity number. The application was granted and the order is hereby varied to now reflect the Consumer’s identity number. No other change has been made to the order.
The Tribunal, having read the papers filed of record and being satisfied that the Applicant(s) and The Respondent(s) are parties to a debt re-arrangement facilitated by a Debt Counsellor under section 86(7)(b) read with section 138(1) of The National Credit Act, Act 34 of 2005 (the Act), hereby makes the following order:
1. The payment structure between the consumer (s)and the credit provider(s) is confirmed as an order of the Tribunal in terms of section 150 of the Act
Credit Provider Reference Current Outstanding Proposed Payment Period Proposed Annual Interest Proposed Instalment 1 RCS GROUP 5.02E+015 R6,489.07 53 0.26% R130.47 2 FOSCHINI RETAIL GROUP (PTY) LTD 1.00E+016 R2,562.07 30 0.28% R93.60 3 TRUWORTHS LIMITED 10101118560093 R2,126.69 38 0.28% R59.03 4 AFRICAN BANK LIMITED 6006452001 R139,002.12 84 16.00% R2,777.13 5 FIRST NATIONAL BANK, A DIVISION OF FIRSTRAND BANK LIMITED 4000057854265 R2,714.73 47 0.32% R73.66 (Cascade) 6 FIRST NATIONAL BANK, A DIVISION OF FIRSTRAND BANK LIMITED 4000055310527 R51,885.29 63 0.30% R697.94 (Cascade) 7 AFRICAN BANK LIMITED 75020769217 R19,850.51 81 18.33% R429.55
2. The parties' attention is drawn to sections 71(1),71(5)(a) and 152 of the Act which states as follows:
Section 71(1).
A consumer, whose debts have been re-arranged in terms of part D of this chapter, may apply to a debt counsellor at any time for a clearance certificate
Section 71(5)
Upon receiving a copy of a clearance certificate, a credit bureau, or the national credit register must expunge from it's records the fact that the consumer was subject to the relevant debt re-arrangement order or agreement
Section 152
Any decision, judgement or order of the Tribunal may be served, executed and enforced as if it were an order of the High Court.
3. The parties are warned that failure to comply with the order of the Tribunal constitutes an offence in terms of section 160(1) of the Act
Dated at CENTURION on 15 May 2017
Adv J Simpson
Presiding member
National Consumer Tribunal