Transunion Credit Bureau v Nyoka (CA272/2015) [2016] ZAECGHC 81 (14 June 2016)

Transunion Credit Bureau v Nyoka (CA272/2015) [2016] ZAECGHC 81 (14 June 2016)

The court held that neither the National Credit Act nor its regulations require a credit bureau to provide the physical or postal addresses of adverse sources to a consumer seeking to challenge credit information. Section 72 of the Act sets out a specific procedure for challenging credit records, which does not necessitate the information sought by the applicant. The relief granted by the court a quo was broader than what was sought and inconsistent with the founding affidavit, as the applicant had already received all relevant credit records except for the addresses. The application to the High Court was unnecessary and served no practical purpose, as the information could have been...

Citation
[2016] ZAECGHC 81
Parties
Appellant: Transunion Credit Bureau; Respondent: Nonkqubela Nyoka
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
14 June 2016
Case Number
CA272/2015
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal upheld; application dismissed; punitive costs order de bonis propriis against applicant’s attorney.
Judges
E Revelas, J E Smith, G H Bloem
Legal Topics
National Credit Act, Adverse Credit Reporting, Costs De Bonis Propriis, Jurisdiction, Credit Information Access
Civil Procedure Banking and Finance National Credit Act Adverse Credit Reporting Costs De Bonis Propriis Jurisdiction Credit Information Access

Case Brief

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Parties

Transunion Credit Bureau

Appellant

Nonkqubela Nyoka

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the credit bureau was legally obliged to provide the physical and postal addresses of adverse sources to the applicant.
  2. 2 Whether the High Court application for such information was necessary given the procedures under the National Credit Act.
  3. 3 Whether the attorney for the applicant should be liable for costs de bonis propriis.

Ratio Decidendi

The court held that neither the National Credit Act nor its regulations require a credit bureau to provide the physical or postal addresses of adverse sources to a consumer seeking to challenge credit information. Section 72 of the Act sets out a specific procedure for challenging credit records, which does not necessitate the information sought by the applicant. The relief granted by the court a quo was broader than what was sought and inconsistent with the founding affidavit, as the applicant had already received all relevant credit records except for the addresses. The application to the High Court was unnecessary and served no practical purpose, as the information could have been...

Court Disposition

Appeal upheld; application dismissed; punitive costs order de bonis propriis against applicant’s attorney.

Orders

  • The appeal succeeds with costs.
  • The orders granted by Pakade ADJP on 12 February 2015 are set aside and substituted with: (a) The application is dismissed. (b) The applicant’s attorney, Mr A S Zono, is to pay the respondent’s costs of the application on a scale as between attorney and client, de bonis propriis.