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Senatle and Another v Motor Finance Corporation (Pty) Ltd and Others (NCT/6786/2012/165(1)(P)NCA) [2013] ZANCT 32 (7 October 2013)

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IN THE NATIONAL CONSUMER TRIBUNAL

HELD IN CENTURION


Case Number: NCT/6786/2012/165(1)(P)NCA

DATE:07/10/2013


In the matter between:


JENNY SAM SENATLE …......................................................................................FIRST APPLICANT

ELIZABETH MOBA BOITUMELO MATSAPOLA …..................................................SECOND APPLICANT


and


THE MOTOR FINANCE CORPORATION (PTY) LTD..............................................FIRST RESPONDENT

THE STANDARD BANK OF SOUTH AFRICA LTD.................................................SECOND RESPONDENT

LUX APPLIANCES SA.........................................................................................THIRD RESPONDENT


Coram:

Ms D Terblanche – Presiding member

Adv J Simpson – Member

Ms H Devraj – Member


Date of hearing – 27 September 2013


JUDGEMENT AND REASONS



APPLICANTS


1. The First Applicant is Jenny Sam Senatle, a major male and the Second Applicant is Elizabeth Moba Boitumelo Matsapola, a major female, both residing in Jouberton (hereinafter referred to as “the Applicants”). The application form submitted by the Applicants incorrectly cited Daleen Nieuwoudt Attorneys as being the Applicants. The application is however brought by JS Senatle and EMB Matsapola with Daleen Nieuwoudt as their representive.




RESPONDENTS


2. The Respondents are The Motor Finance Corporation and 2 other registered credit providers with the National Credit Regulator (hereinafter referred to as “the Respondents”).



BACKGROUND


3. During August 2010 the Applicants lodged an application (through registered debt counsellor Jacobus Koekemoer1) with the Tribunal in terms of Section 86(8) of the Act to have a debt re-arrangement agreement confirmed as an order of the Tribunal.


4. The debt re-arrangement agreement was confirmed as an order of the Tribunal on 20 November 2010 as per case number NCT/866/2010/138(1)P.


5. During November 2012 the Applicants lodged an application with the Tribunal in terms of Section 165(1) of the Act to have the order granted on 20 November 2010 rescinded. The application was bought on the Applicant’s behalf by Daleen Nieuwoudt attorneys.


6. The basis of the Application is that the Applicants are now able to pay their debts and no longer require the debt re-arrangement agreement to be in place.


7. On the date of the hearing there was no appearance by the Applicants or the Respondent.



DISMISSAL OF APPLICATION


8. As stated above there was no appearance by either of the Applicants or any representative on the date of the hearing.


9. Rule 24 of the National Consumer Tribunal Regulations states the following:





Non appearance


24. (1) If a party to a matter fails to attend or be represented at any hearing or any proceedings,

and that party-

(a) is the applicant, the presiding member may dismiss the matter by issuing a

written ruling; or

(b) is not the applicant, the presiding member may-

(i) continue with the proceedings in the absence of that party; or

(ii) adjourn the hearing to a later date


(2) The Presiding member must be satisfied that the party had been properly notified of the

date, time and venue of the proceedings, before making any decision in terms of subrule (1)


(3) Is a matter is dismissed, the Registrar must send a copy of the ruling to the parties.”


10. The notice of set down was sent to all the parties by the Registrar’s office via e-mail on 9 September 2013.


11. At the time the matter was called by the Tribunal panel, there was no appearance by any of the parties.


12. The Presiding member of the Tribunal was satisfied that the parties were properly notified of the date, time and venue for the proceedings.


13. The application was then formally dismissed by the Tribunal on record.



ORDER


Accordingly, the Tribunal confirms the following order made at the hearing:


14. The application lodged in terms of Section 165 of the Act is hereby dismissed.


DATED ON THIS 7TH DAY OF OCTOBER 2013


[signed]

Adv J Simpson

Member


Ms D Terblanche (Presiding member) and Ms H Devraj concurring

1 Registration number of the debt counsellor, with the National Credit Regulator, is NCRDC 1083.