National Consumer Tribunal Annual Report 2011/12 National Consumer Tribunal 2011-12

The effect of being made an order of the Tribunal is that the order then has the same force and effect as a High Court order and parties can be held in contempt and prosecuted should they not adhere to the terms of the order. Applications and Referrals Total number of different types - 34 The increase in the number of consent order applications received is a reflection of the broader economic environment with an average of 7 500 new applications for debt counselling being received every month, according to statistics published by the Regulator. However, the Regulator also notes that only 10% of new applications are being resolved through the courts 1 . It is therefore clear that the Tribunal has a significant role to play to provide relief for consumers through the lower repayments generally resulting from debt re-arrangement agreements and certainty that all parties to the respective agreements have to adhere to their terms, at pain of prosecution for contempt of court should they fail to do so. The Tribunal rose to this challenge through its outreach activities profiling its role and processes, particularly to debt counsellors, to ensure increased numbers of debt-stressed consumers are provided with access to the Tribunal. Non-consent orders The table below reflects the number of non-consent order applications/referrals received and their status as at 31 March 2011: Complete non-consent order applications/referrals for 2010/2011 Date Filed Case No Parties Status NCT/711/2010/148(1)(P) Randburg Finance and Prof T Woker File closed - no further documents submitted Appeals 23/06/2010 Cancellation of registration 1 14/06/2010 NCT/654/2010/57(1)(P) NCR v Piet Cash Loans CC Finalised 21/06/2010 NCT/656/2010/57(1)(P) NCR v C Bornman and Two Others Finalised 02/07/2010 NCT/710/2010/57(1)(P) NCR v B Kotze Finalised Source: National Credit Regulator – Debt Review Task Team report, 2010. Annual Report 2011 national consumer tribunal | page 29

National Consumer Tribunal Annual Report 2011/12 National Consumer Tribunal 2011-12 | Page 31