Sager obo Mthembu and Another v Absa Bank Limited and Others (NCT/94589/2017/165) [2018] ZANCT 22 (26 February 2018)

Sager obo Mthembu and Another v Absa Bank Limited and Others (NCT/94589/2017/165) [2018] ZANCT 22 (26 February 2018)

The Tribunal found that the original order confirming the debt restructuring agreement contained an obvious error, as the acceptance letter attached did not reflect the correct consumer's details or account number. The correct acceptance letter was subsequently provided, dated prior to the granting of the order. In the absence of any answering affidavits from the respondents, all allegations in the application were deemed admitted. The Tribunal held that Section 165(1)(a) of the National Credit Act empowered it to vary its order to correct such an error. Accordingly, the application to vary the order was granted, and the varied order was attached as Annexure A.

Citation
[2018] ZANCT 22
Parties
Applicant: Benay Sager; Applicant: Deborah Patricia Mthembu; Applicant: Ntokonzo Sifiso Mthembu; Respondent: Absa Bank Limited; Respondent: African Bank Limited; Respondent: Direct Axis (SA)(Pty) Ltd obo Firstrand Bank Limited; Respondent: Edgars obo Edcon (Pty) Ltd; Respondent: First National Bank, a division of Firstrand Bank Limited; Respondent: RCS Coricraft; Respondent: Woolworths Financial Services (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
26 February 2018
Case Number
NCT/94589/2017/165
Procedural Posture
Variation Application / Application for Variation of Tribunal Order Under Section 165 of the National Credit Act
Outcome
Application to vary the Tribunal order is granted.
Judges
J Simpson, H Devraj, A Potwana
Legal Topics
National Credit Act, Debt Restructuring, Variation of Order, Default Proceedings
Banking and Finance Civil Procedure National Credit Act Debt Restructuring Variation of Order Default Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Benay Sager

Applicant

Deborah Patricia Mthembu

Applicant

Ntokonzo Sifiso Mthembu

Applicant

Absa Bank Limited

Respondent

African Bank Limited

Respondent

Direct Axis (SA)(Pty) Ltd obo Firstrand Bank Limited

Respondent

Edgars obo Edcon (Pty) Ltd

Respondent

First National Bank, a division of Firstrand Bank Limited

Respondent

RCS Coricraft

Respondent

Woolworths Financial Services (Pty) Ltd

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Tribunal's previous order contained an obvious error or omission regarding the First National Bank account details.
  2. 2 Whether the order should be varied under Section 165(1) of the National Credit Act to correct the error.

Ratio Decidendi

The Tribunal found that the original order confirming the debt restructuring agreement contained an obvious error, as the acceptance letter attached did not reflect the correct consumer's details or account number. The correct acceptance letter was subsequently provided, dated prior to the granting of the order. In the absence of any answering affidavits from the respondents, all allegations in the application were deemed admitted. The Tribunal held that Section 165(1)(a) of the National Credit Act empowered it to vary its order to correct such an error. Accordingly, the application to vary the order was granted, and the varied order was attached as Annexure A.

Court Disposition

Application to vary the Tribunal order is granted.

Orders

  • The application to vary the order is granted. The varied order is attached as Annexure A.
  • There is no order as to costs.