National Credit Regulator v Sizanani Cash Loans (Pty) Ltd (NCT/223359/2022/57(1)) [2025] ZANCT 18 (4 April 2025)

National Credit Regulator v Sizanani Cash Loans (Pty) Ltd (NCT/223359/2022/57(1)) [2025] ZANCT 18 (4 April 2025)

The Tribunal found that the parties had voluntarily entered into a settlement agreement addressing the respondent's contraventions of the National Credit Act. The agreement was relevant to the dispute, its terms were legally and practically capable of enforcement, and it was not contrary to public policy. The Tribunal exercised its discretion to confirm the agreement as a consent order under section 138(1)(b) of the NCA, thereby making the terms enforceable and resolving the dispute. The Tribunal also clarified the correct reference number for payment of the administrative fine, as agreed by both parties.

Citation
[2025] ZANCT 18
Parties
Applicant: National Credit Regulator; Respondent: Sizanani Cash Loans (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
4 April 2025
Case Number
NCT/223359/2022/57(1)
Procedural Posture
Consent Order Application / Final Determination
Outcome
The settlement agreement is confirmed and made an order of the Tribunal. The respondent is directed to use the specified reference number for payments. No cost order is made.
Judges
C Sassman, S Hockey, P Manzi-Ntshingila
Legal Topics
National Credit Act, Consent Order, Administrative Fine, Prohibited Conduct
Banking and Finance Civil Procedure National Credit Act Consent Order Administrative Fine Prohibited Conduct

Case Brief

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Parties

National Credit Regulator

Applicant

Sizanani Cash Loans (Pty) Ltd

Respondent

Procedural Posture

Consent Order Application / Final Determination

Legal Issues

  1. 1 Whether the settlement agreement between the parties should be confirmed as a consent order under section 138(1)(b) of the National Credit Act.
  2. 2 Whether the terms of the settlement agreement are competent, proper, and in accordance with public policy.
  3. 3 Whether the respondent's conduct constituted prohibited conduct under the National Credit Act.

Ratio Decidendi

The Tribunal found that the parties had voluntarily entered into a settlement agreement addressing the respondent's contraventions of the National Credit Act. The agreement was relevant to the dispute, its terms were legally and practically capable of enforcement, and it was not contrary to public policy. The Tribunal exercised its discretion to confirm the agreement as a consent order under section 138(1)(b) of the NCA, thereby making the terms enforceable and resolving the dispute. The Tribunal also clarified the correct reference number for payment of the administrative fine, as agreed by both parties.

Court Disposition

The settlement agreement is confirmed and made an order of the Tribunal. The respondent is directed to use the specified reference number for payments. No cost order is made.

Orders

  • The settlement agreement concluded by the parties on 27 March 2025 is confirmed and made an order of the Tribunal in terms of section 138(1)(b).
  • The respondent is ordered to use reference number NCT/223359/2022/57(1) and the name of the person or business making the payment when making payments to the National Revenue Fund.