13. In the matter between the National Credit Regulator( NCR) v Jugdeesh Sahibdeen( NCT / 666 / 2010 / 57( 1)( P))
The Regulator applied to the Tribunal for the cancellation of the registration of a registrant, Jugdeesh Sahibdeen in terms of Section 57( 1)( a) and( c) of the NCA.
The respondent registrant, Sahibdeen, was a registered debt counsellor, having been registered on 21 April 2008. He operated under the name and style Sash Sahibdeen Debt Counsellor.
The Regulator sought the cancellation of registration of Sahibdeen as a result of his repeated contraventions of his conditions of registration as well as the NCA, more particularly contraventions of Section 86 and Regulation 24. The Regulator was of the view that Sahibdeen contravened the NCA and the regulations in the following ways:
• He failed to determine over-indebtedness within the prescribed period( Section 86( 6) and regulation 24);
• He failed to issue proposals to credit providers( Section 86( 7) and regulation 24).
• He failed to provide consumers with rejection letters in cases where he determined that the consumer is not over-indebted( Section 86( 7)( a) and regulation 25).
• He failed to refer matters timeously to court( Sect 86( 8)( b)).
• He failed to keep proper records of debt counselling matters( regulation 55). He furthermore contravened regulation 55 which states that a registrant( in this case the debt counsellor) must keep proper record of all registered activities, for example, the application for debt review, debt restructuring proposal and other documents.
• The contravention of his conditions of registration related to the fact that although his registration conditions prohibited Sahibdeen from receiving payments from consumers and distributing such payments, he nevertheless instructed consumers to pay him directly and then failed to distribute the funds received to credit providers.
Sahibdeen elected not to oppose the application for cancellation of his registration as a debt counsellor and furthermore accepted responsibility to repay the amount of R105 011,93 to consumers. The Regulator accordingly proceeded with an application for a default order.
The Tribunal cancelled the registration of Sahibdeen with immediate effect, declared that his various contraventions of the NCA, the regulations and his registration conditions are prohibited conduct in terms of Section 150( a) and ordered that he refund the monies collected from the complainants. The Tribunal furthermore ordered that a full audit be conducted of all monies received by him in his capacity as a debt counsellor; and ordered such funds to be refunded to consumers if need be.
Paranomus Sceptrum- Gustaviensis
Too many fi res in fynbos can result in the extinction of local species. The Paranomus Sceptrum- Gustaviensis will only fl ower when it is eight years old. Fires occurring more frequently than at eight-year intervals will stunt the rise of a new generation.
Annual Report 2011 national consumer tribunal | page 45