South Africa Case Law

Alexanderson obo Lebethoa v Mr Price Group Limited and Others (NCT/336370/2024/165)

Alexanderson obo Lebethoa v Mr Price Group Limited and Others (NCT/336370/2024/165) [2024] ZANCT 28 (7 September 2024)

Court

National Consumer Tribunal

Case number

NCT/336370/2024/165

Judges

MC Peenze, S Mbhele, P Manzi-Ntshingila

The National Consumer Tribunal varied a consent order to include an omitted acceptance letter from Old Mutual Finance, finding the omission was an obvious administrative error.

• National Credit Act
• Consent Order Variation
• Administrative Error
• Credit Provider Regulation
• Consent-order-variation
• National-credit-act

National Credit Regulator v Melmoth Masiza Finance CC t/a Masiza Finance (NCT/127143/2019/57(1))

National Credit Regulator v Melmoth Masiza Finance CC t/a Masiza Finance (NCT/127143/2019/57(1)) [2019] ZANCT 118 (7 June 2019)

Court

National Consumer Tribunal

Case number

NCT/127143/2019/57(1)

Judge

P A Beck

The Tribunal found that the Respondent's delay in filing its answering affidavit was not due to negligence or tardiness and that the degree of lateness was not excessive. The Respondent provided a reasonable explanation for the delay, including the complexity and volume of the Applicant's application and the Respondent's personal circumstances. The Applicant did not oppose the condonation application, and there was no prejudice to the Applicant in granting condonation. Conversely, the Respondent would suffer material prejudice if condonation were refused, as it would be denied the opportunity…

Source excerpt

• Condonation
• Late Filing Of Affidavit
• Credit Provider Regulation
• National Credit Act
• Procedural Fairness

BMW Financial Services (SA) (PTY) Ltd v National Credit Regulator (NCT/93829/2017/56(1))

BMW Financial Services (SA) (PTY) Ltd v National Credit Regulator (NCT/93829/2017/56(1)) [2018] ZANCT 98 (5 June 2018)

Court

National Consumer Tribunal

Case number

NCT/93829/2017/56(1)

Judges

MC Peenze, D Terblanche, A Potwana

The Tribunal refused to consolidate BMWFS and VWFS review proceedings against NCR compliance notices, finding that separate hearings were more convenient and less prejudicial.

• Consolidation Of Matters
• National Credit Act Compliance
• Credit Provider Regulation
• Consumer Protection
• Consolidation-of-matters
• National-credit-act

BMW Financial Services (SA) (Pty) Ltd v National Credit Regulator and Another; In Re BMW Financial Services v National Credit Regulator; In Re Volkswagen Financial Services (SA) (Pty) Ltd v National Credit Regulator (NCT/93829/2017/56(1))

BMW Financial Services (SA) (Pty) Ltd v National Credit Regulator and Another; In Re BMW Financial Services v National Credit Regulator; In Re Volkswagen Financial Services (SA) (Pty) Ltd v National Credit Regulator (NCT/93829/2017/56(1)) [2018] ZANCT 49 (5 June 2018)

Court

National Consumer Tribunal

Case number

NCT/93829/2017/56(1)

Judges

MC Peenze, D Terblanche, A Potwana

The Tribunal refused to consolidate two National Credit Act review matters, finding the evidence and issues were not sufficiently similar and consolidation could prejudice parties and consumers.

• National Credit Act
• Compliance Notice Review
• Consolidation Of Applications
• Credit Provider Regulation
• National-credit-act
• Tribunal-consolidation