Business Day

Tribunal wants audit of all Lewis credit deals

- ANN CROTTY Writer at Large

IN ITS first substantia­l ruling against a listed company, the National Consumer Tribunal has ordered Lewis Stores to oversee an independen­t audit of all the credit agreements it has entered into since 2007.

Industry sources say the number of agreements could top a staggering 1-million. On Wednesday, the tribunal ruled that Lewis had contravene­d the National Credit Act.

By the close of trade on Wednesday, the Lewis share price had not reacted to the news, but the ruling’s wide-ranging implicatio­ns are expected to have a damping effect on the price in coming weeks.

Lewis Group management said on Wednesday evening that it was considerin­g the findings and would respond formally on Thursday.

The unexpected­ly tough ruling from the tribunal will not only damage Lewis’s reputation but is likely to tie it up in a potentiall­y unlimited independen­t audit of the group’s entire base of credit customers.

The National Credit Regulator (NCR) considered this “a great victory”, said media relations officer Lebogang Selibi. The NCR would return to the tribunal to argue the imposition of a fine on Lewis Stores, she said.

The NCR has already asked for a R10m fine to be imposed, although the regulation­s allow for a fine of up to 10% of the company’s turnover.

The tribunal’s ruling deals with the first of three referrals relating to Lewis made by the NCR in the past 15 months. That referral related to allegation­s that Lewis sold retrenchme­nt cover to pensioners and selfemploy­ed consumers. It included allegation­s that the retailer sold disability cover as part of credit insurance to pensioners.

Following its own investigat­ion into the allegation­s relating to retrenchme­nt insurance, Lewis

undertook to repay R67m to its affected customers. However, it has not investigat­ed the misselling of disability insurance.

Subsequent referrals by the NCR to the tribunal related to warranty charges and club membership fees charged by Lewis. Lewis said these allegation­s were without merit.

Although the tribunal’s judgment relates to the misselling of insurance, the scope of the independen­t audit that it has ordered appears to be unrestrict­ed. According to a media statement released by the NCR on Wednesday, the tribunal “ordered that an independen­t audit be conducted on all credit agreements entered into by Lewis Stores since 2007”.

For Lewis, the potential threat of an independen­t audit is that it might reveal the existence of other contravent­ions of the National Credit Act including the issues dealt with in the NCR’s two later referrals.

For Lewis’s directors, the judgment comes at a time when they are already battling to protect their reputation in the high court. David Woollam, an executive director of Summit Financial Partners, launched a precedent-setting section 165 derivative action against four directors in August.

Woollam wants the company to declare CEO Johan Enslin, chief financial officer Les Davies, board chairman David Nurek and chairman of the audit and risk committee Hilton Saven delinquent.

Woollam has argued that the directors have indulged in questionab­le practices that have prejudiced uninformed consumers.

On Wednesday, Woollam said the tribunal’s ruling validated the concerns of Summit Financial Partners. “We believe this is only the tip of the iceberg.”

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