Visser v Van Zyl and Another (NCT/367612/2024/141(1)(b)) [2025] ZANCT 29 (31 May 2025)

Visser v Van Zyl and Another (NCT/367612/2024/141(1)(b)) [2025] ZANCT 29 (31 May 2025)

The Tribunal found that it is precluded by section 166(2) of the National Credit Act from hearing the applicant's matter against the first respondent, as the first respondent has already been a respondent in prior proceedings before the Tribunal for substantially the same conduct. The Tribunal is not empowered to grant damages or order the replacement of the applicant's repossessed vehicle, as such relief falls outside its jurisdiction and must be sought in a civil court. The applicant was advised to pursue a certificate of prohibited conduct under section 164, which would enable him to claim damages in the appropriate forum. The application was accordingly dismissed.

Citation
[2025] ZANCT 29
Parties
Applicant: Theunis Johannes Visser; Respondent: Phillipus Johannes van Zyl; Respondent: National Credit Regulator
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
31 May 2025
Case Number
NCT/367612/2024/141(1)(b)
Procedural Posture
Review Application / Unopposed Application for Redress Under Section 141(1)(b) of the National Credit Act
Outcome
Application dismissed.
Judges
N Maseti, S Hockey, M Peenze
Legal Topics
National Credit Act, Debt Review, Prohibited Conduct Certificate, Non Referral Notice, Damages Claim
Banking and Finance Civil Procedure National Credit Act Debt Review Prohibited Conduct Certificate Non Referral Notice Damages Claim

Case Brief

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Parties

Theunis Johannes Visser

Applicant

Phillipus Johannes van Zyl

Respondent

National Credit Regulator

Respondent

Procedural Posture

Review Application / Unopposed Application for Redress Under Section 141(1)(b) of the National Credit Act

Legal Issues

  1. 1 Whether the Tribunal may grant the applicant damages or other relief against the first respondent for alleged mismanagement of the debt review process.
  2. 2 Whether section 166(2) of the National Credit Act precludes the Tribunal from hearing the matter due to prior proceedings against the first respondent for substantially the same conduct.
  3. 3 Whether the applicant is entitled to a certificate of prohibited conduct under section 164 to pursue damages in a civil court.

Ratio Decidendi

The Tribunal found that it is precluded by section 166(2) of the National Credit Act from hearing the applicant's matter against the first respondent, as the first respondent has already been a respondent in prior proceedings before the Tribunal for substantially the same conduct. The Tribunal is not empowered to grant damages or order the replacement of the applicant's repossessed vehicle, as such relief falls outside its jurisdiction and must be sought in a civil court. The applicant was advised to pursue a certificate of prohibited conduct under section 164, which would enable him to claim damages in the appropriate forum. The application was accordingly dismissed.

Court Disposition

Application dismissed.

Orders

  • The applicant’s application is dismissed.
  • There is no order as to costs.