Sager obo Jiyane and Another v Absa Bank Limited and Others (NCT/60170/2016/165(1)(P)) [2017] ZANCT 85 (15 May 2017)

Sager obo Jiyane and Another v Absa Bank Limited and Others (NCT/60170/2016/165(1)(P)) [2017] ZANCT 85 (15 May 2017)

The Tribunal found that the only error in the original order was the incorrect reflection of the consumers' identity numbers. The debt counsellor's application to vary the order was granted, as the correction did not affect the substance of the debt re-arrangement or the parties' rights and obligations. The varied order confirms the payment structure between the consumers and the credit providers as an order of the Tribunal under section 150 of the National Credit Act. The Tribunal further reminded the parties of their obligations under sections 71 and 152 of the Act, including the process for obtaining a clearance certificate and the enforceability of the order. Failure to comply with...

Citation
[2017] ZANCT 85
Parties
Applicant: Benay Sager; Applicant: Protas Mduduzi Jiyane; Applicant: Puseletso Roseline Jiyane; Respondent: Absa Bank Limited; Respondent: Addcon (Pty) Ltd; Respondent: Capitec Bank Limited; Respondent: Foschini Retail Group (Pty) Ltd; Respondent: Markhams, a division of the Foschini Retail Group (Pty) Ltd; Respondent: Nedbank Limited; Respondent: Wesbank, a division of Firstrand Bank Limited; Respondent: Woolworths (Pty) Limited
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
15 May 2017
Case Number
NCT/60170/2016/165(1)(P)
Procedural Posture
Debt Rearrangement Application / Variation of Order
Outcome
The application to vary the original debt re-arrangement order is granted. The order is varied to reflect the correct identity numbers of the consumers. The payment structure is confirmed as an order of the Tribunal.
Judges
J Simpson
Legal Topics
Debt Rearrangement, National Credit Act, Variation of Order, Enforcement of Tribunal Orders
Banking and Finance Civil Procedure Debt Rearrangement National Credit Act Variation of Order Enforcement of Tribunal Orders

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Parties

Benay Sager

Applicant

Protas Mduduzi Jiyane

Applicant

Puseletso Roseline Jiyane

Applicant

Absa Bank Limited

Respondent

Addcon (Pty) Ltd

Respondent

Capitec Bank Limited

Respondent

Foschini Retail Group (Pty) Ltd

Respondent

Markhams, a division of the Foschini Retail Group (Pty) Ltd

Respondent

Nedbank Limited

Respondent

Wesbank, a division of Firstrand Bank Limited

Respondent

Woolworths (Pty) Limited

Respondent

Procedural Posture

Debt Rearrangement Application / Variation of Order

Legal Issues

  1. 1 Whether the Tribunal should vary the original debt re-arrangement order to correct the consumers' identity numbers.
  2. 2 Whether the varied order should be confirmed as an order of the Tribunal under section 150 of the National Credit Act.
  3. 3 What are the parties' obligations under the varied order and the National Credit Act.

Ratio Decidendi

The Tribunal found that the only error in the original order was the incorrect reflection of the consumers' identity numbers. The debt counsellor's application to vary the order was granted, as the correction did not affect the substance of the debt re-arrangement or the parties' rights and obligations. The varied order confirms the payment structure between the consumers and the credit providers as an order of the Tribunal under section 150 of the National Credit Act. The Tribunal further reminded the parties of their obligations under sections 71 and 152 of the Act, including the process for obtaining a clearance certificate and the enforceability of the order. Failure to comply with...

Court Disposition

The application to vary the original debt re-arrangement order is granted. The order is varied to reflect the correct identity numbers of the consumers. The payment structure is confirmed as an order of the Tribunal.

Orders

  • The payment structure between the consumers and the credit providers is confirmed as an order of the Tribunal in terms of section 150 of the National Credit Act.
  • The order is varied to reflect the correct identity numbers of the consumers.