Sager v National Credit Regulator (NCT/318886/2024/59(1)) [2025] ZANCT 7 (21 February 2025)

Sager v National Credit Regulator (NCT/318886/2024/59(1)) [2025] ZANCT 7 (21 February 2025)

The Tribunal found that the NCR's 2022 circulars did not constitute an amendment to the applicant's conditions of registration, but rather reflected administrative decisions made in fulfilment of the NCR's statutory duties under section 15(c) of the National Credit Act. The circulars were issued to address systemic abuse and ensure proper verification of debt review status updates, and did not prevent debt counsellors from fulfilling their statutory duties. The Tribunal held that such administrative decisions under Chapter 2 are not reviewable under section 59 of Chapter 3. Furthermore, the applicant failed to provide evidence of any amendment to his registration conditions or prejudice...

Citation
[2025] ZANCT 7
Parties
Applicant: Benay Sager; Respondent: National Credit Regulator
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
21 February 2025
Case Number
NCT/318886/2024/59(1)
Procedural Posture
Review Application / Final Judgment After Hearing
Outcome
Application dismissed; no cost order.
Judges
MC Peenze, N Maseti, S Hockey
Legal Topics
National Credit Act, Debt Counselling, Administrative Review, Conditions of Registration, Ultra Vires, Procedural Fairness
Administrative Law Banking and Finance National Credit Act Debt Counselling Administrative Review Conditions of Registration Ultra Vires Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Benay Sager

Applicant

National Credit Regulator

Respondent

Procedural Posture

Review Application / Final Judgment After Hearing

Legal Issues

  1. 1 Whether the NCR's 2022 circulars constitute an amendment to the applicant's conditions of registration as a debt counsellor.
  2. 2 Whether the NCR's decision to limit access to certain functions on the Debt Help System is reviewable under section 59 of the National Credit Act.
  3. 3 Whether the applicant was procedurally barred from bringing the review due to late filing.

Ratio Decidendi

The Tribunal found that the NCR's 2022 circulars did not constitute an amendment to the applicant's conditions of registration, but rather reflected administrative decisions made in fulfilment of the NCR's statutory duties under section 15(c) of the National Credit Act. The circulars were issued to address systemic abuse and ensure proper verification of debt review status updates, and did not prevent debt counsellors from fulfilling their statutory duties. The Tribunal held that such administrative decisions under Chapter 2 are not reviewable under section 59 of Chapter 3. Furthermore, the applicant failed to provide evidence of any amendment to his registration conditions or prejudice...

Court Disposition

Application dismissed; no cost order.

Orders

  • The application to review and set aside the respondent’s 2022 circulars is refused.
  • There is no cost order.