Sager v Cokile and Others (NCT/75349/2017/138(1)(P)) [2018] ZANCT 7 (7 February 2018)
- Citation
- [2018] ZANCT 7
- Status
- Order
- Jurisdiction
- South Africa
- Court
- National Consumer Tribunal
- Panel
- A Potwana
- Case number
- NCT/75349/2017/138(1)(P)
More details
- Court
- National Consumer Tribunal
- Panel
- A Potwana
- Case number
- NCT/75349/2017/138(1)(P)
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Tribunal found that the application for variation was justified and necessary to ensure that the payment terms for Nedbank Limited were accurately reflected in the consent order. The Tribunal confirmed that the parties are bound by a debt rearrangement facilitated by a debt counsellor under the National Credit Act. The varied order now reflects the correct payment terms for Nedbank Limited, and no other changes were made to the original order. The Tribunal emphasized the enforceability of its orders and the consequences of non-compliance, including the possibility of criminal offence under section 160(1) of the Act.
Court disposition
The application for variation of the consent order is granted. The original order is varied to reflect the correct payment terms for Nedbank Limited. All other terms remain unchanged.
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 Act.
- The parties are directed to comply with the varied payment terms as set out for Nedbank Limited.
- The parties are warned that failure to comply with the order constitutes an offence under section 160(1) of the Act.
- The parties are reminded of their rights and obligations under sections 71(1), 71(5), and 152 of the Act.
02
Material facts
Parties
Benay Sager
ApplicantMonwabisi Cokile
RespondentPeggy Cokile
RespondentJet on behalf of Edcon (Pty) Ltd
RespondentNedbank Limited
RespondentRCS General Purpose RCS Card
RespondentRussels, a division of Century Capital (Pty) Ltd
RespondentStandard Bank of South Africa Limited
RespondentThe Motor Finance Corporation (MFC), a division of Nedbank Limited
RespondentWesbank, a division of Firstrand Bank Limited
RespondentWoolworths (Pty) Ltd
RespondentWoolworths Financial Services (Pty) Ltd
RespondentAmounts and remedies
- Woolworths Financial Services (pty) LTD Current Outstanding: ZAR 11,890.83
- Woolworths Financial Services (pty) LTD Current Outstanding: ZAR 36,855.25
- Nedbank Limited Current Outstanding: ZAR 31,178.03
- RCS General Purpose RCS Card Current Outstanding: ZAR 9,968.34
- Woolworths (pty) LTD Current Outstanding: ZAR 5,479.4
- Russels, a Division of Century Capital (pty) LTD Current Outstanding: ZAR 5,728.63
- Nedbank Limited Current Outstanding: ZAR 354,757.12
- The Motor Finance Corporation (mfc), a Division of Nedbank Limited Current Outstanding: ZAR 133,808.38
- Jet on Behalf of Edcon (pty) LTD Current Outstanding: ZAR 7,893.09
- Wesbank, a Division of Firstrand Bank Limited Current Outstanding: ZAR 85,778.62
- Nedbank Limited Current Outstanding: ZAR 1,038.51
- Standard Bank of South Africa Limited Current Outstanding: ZAR 14,436.75
- Jet on Behalf of Edcon (pty) LTD Current Outstanding: ZAR 3,267.63
03
Procedural history
Posture
Variation Application / Order on Variation of Consent Order
04
Questions and positions
Legal issues
- 01
Whether the original consent order should be varied to reflect the correct payment terms for Nedbank Limited.
- 02
Whether the varied order complies with the requirements of the National Credit Act.
- 03
What are the consequences of non-compliance with the Tribunal's order.
Party arguments
- Applicant
- The applicant, a debt counsellor, submitted that the original consent order did not accurately reflect the payment terms for Nedbank Limited and requested a variation to correct this. The applicant argued that the variation was necessary to ensure compliance with the debt rearrangement agreement and the National Credit Act.
- Respondent
- Nedbank Limited supported the application for variation, seeking to have the correct payment terms reflected in the order. No opposition was recorded from the other respondents. The credit providers and consumers are parties to a debt rearrangement facilitated under section 86(7)(b) read with section 138(1) of the National Credit Act.
05
Court’s reasoning
Legal principles
- 01
Section 71(1) of the National Credit Act, Act 34 of 2005
A consumer whose debts have been rearranged may apply for a clearance certificate at any time.
- 02
Section 71(5) of the National Credit Act, Act 34 of 2005
Upon receiving a clearance certificate, a credit bureau or the national credit register must expunge from its records the fact that the consumer was subject to the relevant debt rearrangement order or agreement.
- 03
Section 152 of the National Credit Act, Act 34 of 2005
Any decision, judgment or order of the Tribunal may be served, executed and enforced as if it were an order of the High Court.
- 04
Section 160(1) of the National Credit Act, Act 34 of 2005
Failure to comply with the order of the Tribunal constitutes an offence.
06
Ratio, limits and disposition
Ratio decidendi
The Tribunal found that the application for variation was justified and necessary to ensure that the payment terms for Nedbank Limited were accurately reflected in the consent order. The Tribunal confirmed that the parties are bound by a debt rearrangement facilitated by a debt counsellor under the National Credit Act. The varied order now reflects the correct payment terms for Nedbank Limited, and no other changes were made to the original order. The Tribunal emphasized the enforceability of its orders and the consequences of non-compliance, including the possibility of criminal offence under section 160(1) of the Act.
Obiter and limits
- The Tribunal draws the parties' attention to the process for obtaining a clearance certificate once debts have been rearranged.
- The Tribunal reminds parties that its orders are enforceable as if they were orders of the High Court.
- Non-compliance with Tribunal orders may result in criminal prosecution under the National Credit Act.
Court disposition
The application for variation of the consent order is granted. The original order is varied to reflect the correct payment terms for Nedbank Limited. All other terms remain unchanged.
- 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 Act.
- The parties are directed to comply with the varied payment terms as set out for Nedbank Limited.
- The parties are warned that failure to comply with the order constitutes an offence under section 160(1) of the Act.
- The parties are reminded of their rights and obligations under sections 71(1), 71(5), and 152 of the Act.
Source and reliance status
National Consumer Tribunal
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
National Consumer Tribunal
Order
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/75349/2017/138(1)(P)
In the matter between:
BENAY
SAGER APPLICANT
NCR REGISTRATION NUMBER: 2484
And
MONWABISI
COKILE
IDENTITY NUMBER: […]
PEGGY
COKILE
IDENTITY NUMBER: […] 1ST
CONSUMER 2ND
CONSUMER
JET ON BEHALF OF EDCON (PTY) LTD 1ST
CREDIT PROVIDER
NEDBANK
LIMITED 2ND
CREDIT PROVIDER
RCS
GENERAL PURPOSE RCS CARD 3RD
CREDIT PROVIDER RUSSELS, A DIVISION OF CENTURY CAPITAL (PTY) LTD 4TH
CREDIT PROVIDER
STANDARD
BANK OF SOUTH AFRICA LIMITED 5TH
CREDIT PROVIDER THE MOTOR FINANCE CORPORATION (MFC), A DIVISION OF NEDBANK LIMITED 6TH
CREDIT PROVIDER WESBANK,
A DIVISION OF FIRSTRAND BANK LIMITED 7TH
CREDIT PROVIDER
WOOLWORTHS (PTY) LTD 8TH
CREDIT PROVIDER
WOOLWORTHS FINANCIAL SERVICES (PTY) LTD 9TH
CREDIT PROVIDER
VARIED
CONSENT ORDER
The original order on this matter was signed on 9 May 2017. During September 2017 Nedbank Limited applied for a variation of the order to reflect the correct payment terms in respect of Nedbank Limited Account Number:[…]. The application was granted and the original consent order is now varied to reflect the correct payment terms for Nedbank Limited Account Number: […]. No other changes to the order have been made.
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
WOOLWORTHS FINANCIAL SERVICES (PTY) LTD 4.10E+015 R 11,890.83 52 10.96% R275.97 2
WOOLWORTHS FINANCIAL SERVICES (PTY) LTD 4.10E+015 R 36,855.25 50 10.96% R898.60 3
NEDBANK
LIMITED 5.90E+015 R31,178.03 29 19.90% R 877.44 1 R883.03 9 R884.61 1 R1,074.38 1 R1,251.68 1 R1,263.48 3 R1,273.21 14 R1,305.76 4
RCS GENERAL PURPOSE RCS CARD 5.18E+017 R 9,968.34 53 8.00% R 210.00 5
WOOLWORTHS (PTY) LTD 6.01E+015 R5,479.40 45 10.96% R 152.42 6 RUSSELS, A DIVISION OF CENTURY CAPITAL (PTY) LTD 6.37E+015 R5,728.63 53 8.00% R 120.00 7
NEDBANK LIMITED 8139644087701 R 354,757.12 60 8.70% R3,972.15 8 THE MOTOR FINANCE CORPORATION (MFC), A DIVISION OF NEDBANK LIMITED 10977880001 R 133,808.38 41 9.65% R 3,925.92 9 JET ON BEHALF OF EDCON (PTY) LTD 7.01E+018 R7,893.09 48 9.20% R 193.57 1 R165.14 10 WESBANK,
A DIVISION OF FIRSTRAND BANK LIMITED 85200972390 R85,778.62 71 9.85% R1,627.08 (CASCADING) 11
NEDBANK LIMITED 1983159727 R1,038.51 8 7.56% R 158.69 12
STANDARD BANK OF SOUTH AFRICA
LIMITED 5.22E+015 R 14,436.75 60 months or until repayment of the debt or until you can meet your original contractual obligations, whichever occurs earlier. 8.90% R 305.07 13 JET ON BEHALF OF EDCON (PTY) LTD 7.01E+018 R 3,267.63 32 9.20% R114.81 1 R15.51
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 this 07th day of February 2018
[signed] Mr. A Potwana Tribunal Member National Consumer Tribunal
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.