National Credit Regulator v Capitec Bank Limited (NCT/9152/2013/140(1))
National Credit Regulator v Capitec Bank Limited (NCT/9152/2013/140(1)) [2014] ZANCT 14 (9 April 2014)
The Tribunal found that the Applicant initiated the investigation entirely on its own, without any specific complaint or information received, and that the investigation was of a general nature to determine compliance with the Act. Applying the principles from Woodlands Dairy v Competition Commission, the Tribunal held that the Applicant must have a reasonable basis for believing a complaint is justified before lodging an investigation. The Applicant's mandate to Gobodo was not based on any specific complaint and amounted to a fishing expedition. The Tribunal concluded that the investigation…
Source excerpt
- National Credit Act
- Initiation Of Complaints
- Administrative Action
- Procedural Fairness
- Prohibited Conduct
- Investigation Powers