Transunion Africa (Pty) Ltd v Ngcenge (CA18/2021) [2021] ZAECMHC 40 (23 November 2021)

Transunion Africa (Pty) Ltd v Ngcenge (CA18/2021) [2021] ZAECMHC 40 (23 November 2021)

The court held that the High Court does not have jurisdiction as a forum of first instance to order the removal of adverse debt review information from a credit bureau. The National Credit Act establishes a statutory process whereby a consumer must challenge adverse information through the National Credit Regulator,...

Source-derived case information.

Citation
[2021] ZAECMHC 40
Parties
Appellant: Transunion Africa (Pty) Ltd; Respondent: Mpulana Maclennan Ngcenge
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
23 November 2021
Case Number
CA18/2021
Procedural Posture
Civil Appeal / Appeal From Magistrate's Court to Full Bench
Outcome
Appeal upheld; application dismissed with costs.
Judges
M Makaula, PHS Zilwa, B Flatela
Legal Topics
National Credit Act, Debt Review, Jurisdiction of High Court, Credit Bureau Information, Challenge of Adverse Listing
Commercial and Corporate Civil Procedure National Credit Act Debt Review Jurisdiction of High Court Credit Bureau Information Challenge of Adverse Listing

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Summary, issues, holding and outcome

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Parties

Transunion Africa (Pty) Ltd

Appellant

Mpulana Maclennan Ngcenge

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrate's Court to Full Bench

Legal Issues

  1. 1 Whether the High Court had jurisdiction as a forum of first instance to order the removal of adverse debt review information from a credit bureau.
  2. 2 Whether the respondent was still under debt review at the time of application and whether the adverse listing was lawful.
  3. 3 Whether the respondent followed the correct statutory procedure to challenge adverse information under the National Credit Act.

Ratio Decidendi

The court held that the High Court does not have jurisdiction as a forum of first instance to order the removal of adverse debt review information from a credit bureau. The National Credit Act establishes a statutory process whereby a consumer must challenge adverse information through the National Credit Regulator, which may refer the dispute to the National Consumer Tribunal. Only after exhausting these remedies may the High Court be approached for review or appeal. The respondent failed to follow the prescribed procedure, did not obtain a clearance certificate from the debt counsellor, and did not properly serve the challenge notice. The adverse listing was therefore lawful and the...

Court Disposition

Appeal upheld; application dismissed with costs.

Orders

  • The order of the court a quo is set aside and substituted with: 'The application is dismissed with costs.'
  • The respondent is ordered to pay the costs of the appeal.