Stander v Bates and Another (NCT/367710/2024/141(1)(b)) [2025] ZANCT 33 (13 May 2025)

Stander v Bates and Another (NCT/367710/2024/141(1)(b)) [2025] ZANCT 33 (13 May 2025)

The Tribunal found that by completing Form 16 and applying for debt review, the applicant became subject to the statutory requirements of the debt counselling process under the NCA. The Tribunal accepted that the first respondent provided the necessary information and opportunity for clarification before the applicant signed the application. The Tribunal held that it lacks jurisdiction to release the applicant from debt review or order removal of the credit bureau listing, as such remedies are not provided for in the NCA. The applicant did not meet the requirements for a clearance certificate, nor did she present additional facts to a Magistrate to reject the debt review proposal....

Citation
[2025] ZANCT 33
Parties
Applicant: Martha Cornelia Stander; Respondent: Vanessa Ann Bates; Respondent: National Credit Regulator
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
13 May 2025
Case Number
NCT/367710/2024/141(1)(b)
Procedural Posture
Review Application / Opposed Application Under Section 141(1)(b) of the NCA
Outcome
Application dismissed.
Judges
C Sassman, P Manzi-Ntshingila, A Potwana
Legal Topics
National Credit Act, Debt Review, Consumer Protection, Withdrawal Guidelines
Banking and Finance Civil Procedure National Credit Act Debt Review Consumer Protection Withdrawal Guidelines

Case Brief

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Parties

Martha Cornelia Stander

Applicant

Vanessa Ann Bates

Respondent

National Credit Regulator

Respondent

Procedural Posture

Review Application / Opposed Application Under Section 141(1)(b) of the NCA

Legal Issues

  1. 1 Whether the applicant can be released from debt review after cancelling her application.
  2. 2 Whether the first respondent complied with statutory obligations as a debt counsellor.
  3. 3 Whether the Tribunal has jurisdiction to order removal of the debt review flag from the applicant's credit record.

Ratio Decidendi

The Tribunal found that by completing Form 16 and applying for debt review, the applicant became subject to the statutory requirements of the debt counselling process under the NCA. The Tribunal accepted that the first respondent provided the necessary information and opportunity for clarification before the applicant signed the application. The Tribunal held that it lacks jurisdiction to release the applicant from debt review or order removal of the credit bureau listing, as such remedies are not provided for in the NCA. The applicant did not meet the requirements for a clearance certificate, nor did she present additional facts to a Magistrate to reject the debt review proposal....

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • There is no cost order.