Steffens v Boylen (NCT- 232776-2022-Section 141(1) (b)) [2022] ZANCT 61 (29 October 2022)

Steffens v Boylen (NCT- 232776-2022-Section 141(1) (b)) [2022] ZANCT 61 (29 October 2022)

The Tribunal found that the applicant's complaint arose on 11 May 2010, when he was registered under debt review, and that he had until April 2013 to file his application. The application was only filed on 12 February 2021, well outside the three-year limitation period prescribed by section 166 of the National Credit Act. The Tribunal has no power or discretion to extend or interrupt this limitation period, regardless of when the applicant discovered the listing. Although the applicant's evidence stands uncontested, the Tribunal is precluded from granting leave to refer the matter due to prescription. The applicant may pursue relief under section 71(3) of the NCA, but that was not the...

Citation
[2022] ZANCT 61
Parties
Applicant: Stefan Steffens; Respondent: Michael Peter Boylen
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
29 October 2022
Case Number
NCT-232776-2022-Section 141(1) (b)
Procedural Posture
Leave to Appeal / Application for Leave to Refer Under Section 141(1) of the NCA
Outcome
Application for leave to refer refused as time-barred under section 166 of the National Credit Act.
Judges
P. Manzi-Ntshingila, C Sassman, M. Peenze
Legal Topics
National Credit Act, Debt Review, Prescription, Leave to Refer, Consumer Rights
Commercial and Corporate National Credit Act Debt Review Prescription Leave to Refer Consumer Rights

Case Brief

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Parties

Stefan Steffens

Applicant

Michael Peter Boylen

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Refer Under Section 141(1) of the NCA

Legal Issues

  1. 1 Whether the applicant's request for leave to refer the matter to the Tribunal is time-barred under section 166 of the National Credit Act.
  2. 2 Whether the Tribunal has discretion to extend or interrupt the three-year limitation period for complaints under the NCA.
  3. 3 Whether the applicant's uncontested evidence of erroneous debt review listing entitles him to relief.

Ratio Decidendi

The Tribunal found that the applicant's complaint arose on 11 May 2010, when he was registered under debt review, and that he had until April 2013 to file his application. The application was only filed on 12 February 2021, well outside the three-year limitation period prescribed by section 166 of the National Credit Act. The Tribunal has no power or discretion to extend or interrupt this limitation period, regardless of when the applicant discovered the listing. Although the applicant's evidence stands uncontested, the Tribunal is precluded from granting leave to refer the matter due to prescription. The applicant may pursue relief under section 71(3) of the NCA, but that was not the...

Court Disposition

Application for leave to refer refused as time-barred under section 166 of the National Credit Act.

Orders

  • The applicant's application for leave to refer the matter directly to the Tribunal is refused.
  • There is no order as to costs.