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CMW Operations (Pty) Ltd v National Credit Regulator (NCT/471/2010/63(5)P) [2010] ZANCT 11 (2 June 2010)

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IN THE NATIONAL CONSUMER TRIBUNAL


Case No.: NCT/471/2010/63(5)P

DATE:02/06/2010


IN THE MATTER BETWEEN


CMW OPERATIONS (PTY) LTD..............................................................................APPLICANT


AND

NATIONAL CREDIT REGULATOR.................................................................... RESPONDENT



DEED OF SETTLEMENT

The parties have agreed to settle this matter and the review application as follows:


1. CMW Operations (Pty) Ltd (hereafter referred to as "the Credit Provider") undertakes to translate its pre-agreement statements and quotations into Xhosa and Sotho within three months from date of this settlement agreement. This document will then be attached to the credit agreement. The necessity of translating the actual credit agreement into Xhosa and Sotho will be reviewed by the 31st of December 2011. The Credit Provider will make use of the pre-agreement statements and quotations on the website of the National Credit Regulator (hereafter referred to as "NCR").


2. The Credit Provider undertakes to translate the Section 129 Notice into Xhosa and Sotho within three months from date of this settlement agreement.

3. The Credit Providers marketing and advertising requirements are complied with in that same is done by word of mouth. The Credit Provider undertakes to inform NCR should the mode/manner of marketing and advertising change at any point in time.


4. The Credit Provider will review the need for a call centre/branch staff, subject to its operational requirements and this will in any event be reviewed by no later than 31 December 2011. In the interim, should any queries arise in any of the Xhosa or Sotho languages, same will be dealt with by an available person who understands either Xhosa or Sotho.


5. The Credit Provider shall withdraw its applications for condonation and review.


6. The NCR agrees to accept the language proposal of the credit provider dated 5 August 2009 as amended by this agreement.



SIGNED AND DATED AT CENTURION ON THIS THE 02nd DAY OF JUNE 2010.


MR. RATSHIMOLE

REPRESENTING THE NCR


MR. NC HAMILTON-SMITH REPRESENTING CMW OPERATIONS (PTY) LTD