National Credit Regulator v Madibogo Overland (Pty) Ltd T/A Overland Supermarket (NCT/266514/2023/57(1)) [2023] ZANCT 42 (20 October 2023)

National Credit Regulator v Madibogo Overland (Pty) Ltd T/A Overland Supermarket (NCT/266514/2023/57(1)) [2023] ZANCT 42 (20 October 2023)

The Tribunal found that the respondent repeatedly contravened multiple provisions of the National Credit Act and its regulations, including failing to conduct proper affordability assessments, extending reckless credit, overcharging interest, failing to provide required documentation, possessing prohibited consumer instruments, and not keeping proper records. The respondent's conduct was continuous and serious, targeting vulnerable consumers and undermining the purpose of the NCA. The respondent failed to oppose the application, and all allegations were deemed admitted. The Tribunal held that the respondent's conduct constituted prohibited conduct, justified cancellation of its...

Citation
[2023] ZANCT 42
Parties
Applicant: National Credit Regulator; Respondent: Madibogo Overland (Pty) Ltd T/A Overland Supermarket
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
20 October 2023
Case Number
NCT/266514/2023/57(1)
Procedural Posture
Cancellation Application / Final Judgment After Default Hearing
Outcome
The application is granted. The respondent is declared to have engaged in prohibited conduct, its registration as a credit provider is cancelled, an administrative fine is imposed, and further orders are made as set out.
Judges
C Sassman, S Mbhele, MC Peenze
Legal Topics
National Credit Act, Reckless Credit, Affordability Assessment, Administrative Fine, Prohibited Conduct, Credit Provider Registration
Banking and Finance Civil Procedure National Credit Act Reckless Credit Affordability Assessment Administrative Fine Prohibited Conduct Credit Provider Registration

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Parties

National Credit Regulator

Applicant

Madibogo Overland (Pty) Ltd T/A Overland Supermarket

Respondent

Procedural Posture

Cancellation Application / Final Judgment After Default Hearing

Legal Issues

  1. 1 Whether the respondent repeatedly contravened the National Credit Act and its regulations.
  2. 2 Whether the respondent's conduct amounts to prohibited conduct under the NCA.
  3. 3 Whether the respondent's registration as a credit provider should be cancelled.

Ratio Decidendi

The Tribunal found that the respondent repeatedly contravened multiple provisions of the National Credit Act and its regulations, including failing to conduct proper affordability assessments, extending reckless credit, overcharging interest, failing to provide required documentation, possessing prohibited consumer instruments, and not keeping proper records. The respondent's conduct was continuous and serious, targeting vulnerable consumers and undermining the purpose of the NCA. The respondent failed to oppose the application, and all allegations were deemed admitted. The Tribunal held that the respondent's conduct constituted prohibited conduct, justified cancellation of its...

Court Disposition

The application is granted. The respondent is declared to have engaged in prohibited conduct, its registration as a credit provider is cancelled, an administrative fine is imposed, and further orders are made as set out.

Orders

  • The respondent is declared to have engaged in prohibited conduct by repeatedly contravening the NCA, its regulations, and registration conditions.
  • The respondent's registration as a credit provider is cancelled with immediate effect.