Debt Review Process and Administrative Fines

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What is required of the debt counsellor before undertaking the debt review process?

To impose an administrative fine on the respondent

To dismiss the point-in-limine

To make an order as to costs

To inform the consumers of all the implications of the process and obtain their consent (correct)

How much is the administrative fine imposed on the Respondent?

R 3 000 000,00

R 1 000 000,00 (correct)

R 2 000 000,00

R 500 000,00

What is the time frame given to the Respondent to pay the administrative fine?

40 days

20 days

30 days (correct)

60 days

What is the main issue that Shoprite raised in the forum a quo?

The validity of the initiation of the complaint by the National Credit Regulator Signup and view all the answers

What was the outcome of the Tribunal's decision on the point-in-limine?

The Tribunal dismissed Shoprite's point-in-limine Signup and view all the answers

What is the section of the law that refers to the investigation by the Regulator?

Section 139 Signup and view all the answers

What was the tribunal supposed to investigate?

Anti-competitive behaviour in the milk industry Signup and view all the answers

Why was it not possible to suspect others were involved in the cartel?

Because there were no facts to suggest others were involved Signup and view all the answers

What did the regulator request from Shoprite on 29 September 2014?

Specific information about their dealings Signup and view all the answers

What was the purpose of the letter dated 28 November 2014?

To narrow the scope of the information required Signup and view all the answers

What informed the request for an initiation in respect of the precise grounds?

The information received from Shoprite Signup and view all the answers

Where was Shoprite specifically mentioned?

In the internal memorandum of 6 March 2015 Signup and view all the answers

What is the Reckless Credit related to according to the NCA?

Consumer being over-indebted Signup and view all the answers

According to Section 80(1)(b)(ii), when is a credit agreement considered reckless?

When the credit provider enters into an agreement despite indications of the consumer being over-indebted Signup and view all the answers

What is the purpose of Section 81 of the NCA?

To promote responsible lending practices Signup and view all the answers

What is the consequence of entering into a credit agreement despite indications of the consumer being over-indebted?

The credit agreement is considered reckless Signup and view all the answers

What is the result of the Tribunal's decision on the point in limine?

The point in limine was dismissed Signup and view all the answers

What is the relevance of the information available to the Regulator on 6 March 2015?

It was used to initiate the investigation Signup and view all the answers

What is the number of instances of prohibited conduct mentioned in the Tribunal's reasons?

Nine (9) Signup and view all the answers

According to the Tribunal, how does the number of consumers involved impact the fine?

It affects the amount of the fine Signup and view all the answers

What did the Respondent do after addressing the negative pro forma calculations?

Continued to enter into credit agreements with them Signup and view all the answers

What did the Tribunal err in, according to the Respondent's submission?

Concluding that it could impose an administrative fine without reference to Shoprite's turnover Signup and view all the answers

How many factors from section 151(3) did the Tribunal consider when determining the amount of the fine?

Two of the factors mentioned in section 151(3) Signup and view all the answers

What is the maximum amount of the administrative fine that the Tribunal can impose?

R 1 000 000, 00 Signup and view all the answers

Which judge's signature is listed first in the judgment?

N.Janse van Nieuwenhuijen Signup and view all the answers

What is the date of the judgment delivery mentioned in the text?

18 December 2019 Signup and view all the answers

Who instructed Werksmans Attorneys to represent the Appellant?

J Mardon Signup and view all the answers

What is the reference number for the Respondent's attorneys?

MR CHUENE/NCR1 Signup and view all the answers

Who is the senior counsel for the Respondent?

Advocate P.L.Carstensen SC Signup and view all the answers

In which division of the High Court of South Africa was the judgment delivered?

Gauteng Division Signup and view all the answers