Podcast
Questions and Answers
What is required of the debt counsellor before undertaking the debt review process?
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?
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?
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?
What is the main issue that Shoprite raised in the forum a quo?
What was the outcome of the Tribunal's decision on the point-in-limine?
What was the outcome of the Tribunal's decision on the point-in-limine?
What is the section of the law that refers to the investigation by the Regulator?
What is the section of the law that refers to the investigation by the Regulator?
What was the tribunal supposed to investigate?
What was the tribunal supposed to investigate?
Why was it not possible to suspect others were involved in the cartel?
Why was it not possible to suspect others were involved in the cartel?
What did the regulator request from Shoprite on 29 September 2014?
What did the regulator request from Shoprite on 29 September 2014?
What was the purpose of the letter dated 28 November 2014?
What was the purpose of the letter dated 28 November 2014?
What informed the request for an initiation in respect of the precise grounds?
What informed the request for an initiation in respect of the precise grounds?
Where was Shoprite specifically mentioned?
Where was Shoprite specifically mentioned?
What is the Reckless Credit related to according to the NCA?
What is the Reckless Credit related to according to the NCA?
According to Section 80(1)(b)(ii), when is a credit agreement considered reckless?
According to Section 80(1)(b)(ii), when is a credit agreement considered reckless?
What is the purpose of Section 81 of the NCA?
What is the purpose of Section 81 of the NCA?
What is the consequence of entering into a credit agreement despite indications of the consumer being over-indebted?
What is the consequence of entering into a credit agreement despite indications of the consumer being over-indebted?
What is the result of the Tribunal's decision on the point in limine?
What is the result of the Tribunal's decision on the point in limine?
What is the relevance of the information available to the Regulator on 6 March 2015?
What is the relevance of the information available to the Regulator on 6 March 2015?
What is the number of instances of prohibited conduct mentioned in the Tribunal's reasons?
What is the number of instances of prohibited conduct mentioned in the Tribunal's reasons?
According to the Tribunal, how does the number of consumers involved impact the fine?
According to the Tribunal, how does the number of consumers involved impact the fine?
What did the Respondent do after addressing the negative pro forma calculations?
What did the Respondent do after addressing the negative pro forma calculations?
What did the Tribunal err in, according to the Respondent's submission?
What did the Tribunal err in, according to the Respondent's submission?
How many factors from section 151(3) did the Tribunal consider when determining the amount of the fine?
How many factors from section 151(3) did the Tribunal consider when determining the amount of the fine?
What is the maximum amount of the administrative fine that the Tribunal can impose?
What is the maximum amount of the administrative fine that the Tribunal can impose?
Which judge's signature is listed first in the judgment?
Which judge's signature is listed first in the judgment?
What is the date of the judgment delivery mentioned in the text?
What is the date of the judgment delivery mentioned in the text?
Who instructed Werksmans Attorneys to represent the Appellant?
Who instructed Werksmans Attorneys to represent the Appellant?
What is the reference number for the Respondent's attorneys?
What is the reference number for the Respondent's attorneys?
Who is the senior counsel for the Respondent?
Who is the senior counsel for the Respondent?
In which division of the High Court of South Africa was the judgment delivered?
In which division of the High Court of South Africa was the judgment delivered?
