Download PDF

South Africa Order

National Consumer Tribunal

Sager v Cokile and Others (NCT/75349/2017/138(1)(P)) [2018] ZANCT 7 (7 February 2018)

On this page

Professional case brief

Research organized from the available case record

Source document

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

Applicant

Monwabisi Cokile

Respondent

Peggy Cokile

Respondent

Jet on behalf of Edcon (Pty) Ltd

Respondent

Nedbank Limited

Respondent

RCS General Purpose RCS Card

Respondent

Russels, a division of Century Capital (Pty) Ltd

Respondent

Standard Bank of South Africa Limited

Respondent

The Motor Finance Corporation (MFC), a division of Nedbank Limited

Respondent

Wesbank, a division of Firstrand Bank Limited

Respondent

Woolworths (Pty) Ltd

Respondent

Woolworths Financial Services (Pty) Ltd

Respondent

Amounts 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

  1. Posture

    Variation Application / Order on Variation of Consent Order

04

Questions and positions

Legal issues

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

  1. 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.

  2. 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.

  3. 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.

  4. 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.

Source document

National Consumer Tribunal

Order

[2018] ZANCT 7

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

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

National Credit Act, Act 34 of 2005

Legislation

Legislation referenced in the available case record.

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.

About this LexChat collection

This page organizes the available case record for research. Verify quotations, current status, and subsequent treatment against the source document. Corrections can be reported to hello@esheria.ai.

Legal information, not legal advice. Research summaries do not replace the judgment.