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South Africa decisions
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Visser v Van Zyl and Another (NCT/367612/2024/141(1)(b)) [2025] ZANCT 29 (31 May 2025)
The Tribunal dismissed an unopposed section 141(1)(b) application seeking relief for alleged debt review mismanagement and vehicle repossession.
Botes v SB Guarnatee Company (RF) Proprietary Limited and Others (87458/2019) [2025] ZAGPPHC 536 (23 May 2025)
The court held that the applicant was precluded from applying for debt review in respect of the loan agreement, as the second respondent had delivered a section 129 notice and commenced enforcement proceedings. Section 86(2) of the National Credit Act expressly excludes debt review once enforcement steps have been taken. The relevant case law confirms that the delivery of a section 129 notice is the first enforcement step, and debt review for that agreement is thereafter excluded. The applicant failed to respond to the section 129 notice and did not exercise his rights under the NCA prior to…
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Stander v Bates and Another (NCT/367710/2024/141(1)(b)) [2025] ZANCT 33 (13 May 2025)
The Tribunal dismissed a consumer’s bid to leave debt review and remove the credit listing, holding that the NCA did not permit the requested relief.
Fortune v Wesbank, A Division of Firstrand Bank Ltd and Another (NCT/356687/2024/165) [2025] ZANCT 14 (7 April 2025)
The Tribunal varied a consent order under section 165 of the National Credit Act, replacing an erroneous acceptance letter with an amended one from Wesbank.
Khomola v Mans and Another (NCT/369009/2024/141(1)(b)) [2025] ZANCT 23 (3 April 2025)
The Tribunal refused leave to refer a consumer complaint over alleged unauthorized debt review, finding contradictory evidence and no reasonable prospects of success.
Kleynhans v Van Zyl and Another (NCT-342961-2024-Section 141(1)(b)) [2025] ZANCT 24 (31 March 2025)
The Tribunal dismissed a debt-review complaint, finding it barred by section 166(2) of the NCA, with ABSA not joined and damages beyond its jurisdiction.
Kunene v Isaacs and Another (NCT/333308/2024/141(1)(b)) [2025] ZANCT 4 (14 February 2025)
The Tribunal held that the applicant was placed under debt review without consent and ordered removal of the status from the Debt Help System and notification of credit bureaus.
Sithole v Benay Sager NCRDC2484 and Others (A369/2023) [2025] ZAGPPHC 65 (21 January 2025)
The court held that the appellant was not absent when the consent order was granted, as he had provided a written mandate to the first respondent and its attorneys to act on his behalf. Representation by mandate constitutes legal presence, and the absence of physical attendance does not entitle a party to rescission. The Tribunal's jurisdiction to grant a consent order where the debtor is over-indebted is a matter of statutory interpretation, but the majority of Tribunal judgments have found that over-indebtedness is not a bar to granting a consent order where all parties consent. The appella…
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Manzi v Barnard and Another (NCT/315894/2024/141(1)(b)) [2024] ZANCT 68 (4 December 2024)
The Tribunal found an unopposed debt review complaint proved, declared prohibited conduct, imposed a R250,000 fine, and ordered removal from the Debt Help System.
Qabaka v Solomon and Another (NCT/297314/2023/141(1)(b)) [2024] ZANCT 54 (20 November 2024)
The Tribunal found a debt counsellor placed the applicant under debt review without consent, declared prohibited conduct, imposed a R250,000 fine, and ordered removal of the debt review status.
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