Smuts v ABSA Bank Limited (NCT/208343/2021/141(1)(b)) [2022] ZANCT 3 (19 January 2022)

Smuts v ABSA Bank Limited (NCT/208343/2021/141(1)(b)) [2022] ZANCT 3 (19 January 2022)

The Tribunal found that the Applicant's claim was time-barred under section 166(1)(a) of the National Credit Act, as the alleged prohibited conduct occurred in June 2018 and the application was only lodged in November 2021, exceeding the three-year prescription period. The Tribunal has no power to extend or interrupt this period. Furthermore, the Tribunal determined that there were no prospects of success for the Applicant's case should leave to refer be granted, as the High Court judgment and attachment order were lawfully obtained and the Applicant's allegations did not establish a basis for relief under the NCA. Accordingly, leave to refer the matter directly to the Tribunal was refused.

Citation
[2022] ZANCT 3
Parties
Applicant: Quintus Smuts; Respondent: ABSA Bank Limited
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
19 January 2022
Case Number
NCT/208343/2021/141(1)(b)
Procedural Posture
Leave to Appeal / Application for Leave to Refer Complaint to Tribunal After NCR Non Referral
Outcome
Application for leave to refer the matter directly to the Tribunal is refused and dismissed.
Judges
FK Manamela, A Potwana, J Simpson
Legal Topics
National Credit Act, Leave to Refer, Prescription Period, Default Judgment, Section 129 Notice
Banking and Finance Civil Procedure National Credit Act Leave to Refer Prescription Period Default Judgment Section 129 Notice

Case Brief

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Parties

Quintus Smuts

Applicant

ABSA Bank Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer Complaint to Tribunal After NCR Non Referral

Legal Issues

  1. 1 Whether the Applicant's claim is time-barred under section 166(1)(a) of the National Credit Act.
  2. 2 Whether the Applicant is entitled to leave to refer the complaint directly to the Tribunal after a notice of non-referral by the NCR.
  3. 3 Whether the Respondent's conduct in cancelling the agreement and attaching the vehicle constituted prohibited conduct under the NCA.

Ratio Decidendi

The Tribunal found that the Applicant's claim was time-barred under section 166(1)(a) of the National Credit Act, as the alleged prohibited conduct occurred in June 2018 and the application was only lodged in November 2021, exceeding the three-year prescription period. The Tribunal has no power to extend or interrupt this period. Furthermore, the Tribunal determined that there were no prospects of success for the Applicant's case should leave to refer be granted, as the High Court judgment and attachment order were lawfully obtained and the Applicant's allegations did not establish a basis for relief under the NCA. Accordingly, leave to refer the matter directly to the Tribunal was refused.

Court Disposition

Application for leave to refer the matter directly to the Tribunal is refused and dismissed.

Orders

  • The application for leave to refer the matter directly to the Tribunal is refused and dismissed.
  • No order as to costs.