Simelane v African Bank Ltd and Others (NCT/ 300/2009/138 (1)(P)) [2010] ZANCT 26 (2 February 2010)

Simelane v African Bank Ltd and Others (NCT/ 300/2009/138 (1)(P)) [2010] ZANCT 26 (2 February 2010)

The Tribunal found that the applicant and all respondents had validly consented to a debt re-arrangement facilitated by a debt counsellor under the National Credit Act. The Tribunal was satisfied that the draft consent order, which restructures the payment instalments and extends the payment periods, was agreed to by all parties and complies with the requirements of the Act. Accordingly, the Tribunal confirmed the draft consent order as an order of the Tribunal, warning the parties that non-compliance would constitute an offence under section 160(1) of the Act.

Citation
[2010] ZANCT 26
Parties
Applicant: Samuel Tsheliso Simelane; Respondent: African Bank Limited; Respondent: Saxons Men's Centre CC; Respondent: Truworths Limited; Respondent: Woolworths
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
2 February 2010
Case Number
NCT/ 300/2009/138 (1)(P)
Procedural Posture
Consent Order Application / Final Determination
Outcome
Draft consent order confirmed as an order of the Tribunal; parties warned of consequences of non-compliance.
Judges
F. Manamela
Legal Topics
Debt Restructuring, National Credit Act, Consent Order, Debt Review, Consumer Protection
Banking and Finance Civil Procedure Debt Restructuring National Credit Act Consent Order Debt Review Consumer Protection

Case Brief

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Parties

Samuel Tsheliso Simelane

Applicant

African Bank Limited

Respondent

Saxons Men's Centre CC

Respondent

Truworths Limited

Respondent

Woolworths

Respondent

Procedural Posture

Consent Order Application / Final Determination

Legal Issues

  1. 1 Whether the parties have validly consented to a debt re-arrangement under the National Credit Act.
  2. 2 Whether the Tribunal should confirm the draft consent order as an order of the Tribunal.
  3. 3 Whether the restructured payment plan complies with the requirements of the National Credit Act.

Ratio Decidendi

The Tribunal found that the applicant and all respondents had validly consented to a debt re-arrangement facilitated by a debt counsellor under the National Credit Act. The Tribunal was satisfied that the draft consent order, which restructures the payment instalments and extends the payment periods, was agreed to by all parties and complies with the requirements of the Act. Accordingly, the Tribunal confirmed the draft consent order as an order of the Tribunal, warning the parties that non-compliance would constitute an offence under section 160(1) of the Act.

Court Disposition

Draft consent order confirmed as an order of the Tribunal; parties warned of consequences of non-compliance.

Orders

  • The draft consent order attached as Annexure 'A' is confirmed as an order of the Tribunal.
  • The payment structures set out in Annexure 'B' are made an order of the Tribunal.