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South Africa Case Law

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Commercial And Corporate [2014] ZANCT 11

National Credit Regulator v Wilbers (NCT/9596/2013/57(1))

National Credit Regulator v Wilbers (NCT/9596/2013/57(1)) [2014] ZANCT 11 (7 April 2014)

Court
National Consumer Tribunal
Case number
NCT/9596/2013/57(1)
Judges
F Manamela, B Dumisa, J Simpson

The Tribunal found that the Respondent's registration as a debt counsellor automatically lapsed in 2011 due to non-payment of registration renewal fees, in accordance with Section 52(4)(b) of the National Credit Act and the precedent set in NCR v Lightning Cash Loans. As a result, the Tribunal was not empowered to cancel a registration that had already lapsed. The Tribunal further held that it could not order the Respondent to refund consumers for amounts intended for credit providers but not paid over, as such claims must be pursued under Section 164 of the Act. The Tribunal was also unable…

Source excerpt

  • Debt Counsellor Registration
  • Automatic Lapsing Of Registration
  • Contravention Of National Credit Act
  • Prescribed Fees
  • Administrative Penalty
  • Refund Of Excess Fees
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Banking And Finance [2013] ZANCT 3

National Credit Regulator v Nsibande (NCT/3915/2012/57(1)(P)NCA)

National Credit Regulator v Nsibande (NCT/3915/2012/57(1)(P)NCA) [2013] ZANCT 3 (18 January 2013)

Court
National Consumer Tribunal
Case number
NCT/3915/2012/57(1)(P)NCA
Judges
D Terblanche, P Beck, X May

The Tribunal found, on uncontested evidence, that the Respondent repeatedly contravened both general and specific conditions of her registration as a debt counsellor, including receiving and failing to distribute consumer funds, overcharging application fees, failing to comply with statutory timeframes, and leaving her practice in the hands of an unregistered person. These actions constituted repeated contraventions of the National Credit Act and her registration conditions. The Tribunal held that such conduct is prohibited under section 150(a) of the Act and justified cancellation of registr…

Source excerpt

  • Debt Counselling
  • Cancellation Of Registration
  • Prohibited Conduct
  • Refund Of Excess Fees
  • Failure To Comply With Conditions
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.