NCR v Johann Voigt t/a cash loans (NCT/129036/2019 140(1) NCA) [2021] ZANCT 31 (12 September 2021)

NCR v Johann Voigt t/a cash loans (NCT/129036/2019 140(1) NCA) [2021] ZANCT 31 (12 September 2021)

The Tribunal found that the Respondent repeatedly contravened the National Credit Act by failing to conduct affordability assessments, providing non-compliant credit agreements, operating without registration, and overcharging interest. The Respondent admitted to the contraventions and cooperated with the Tribunal. The Tribunal considered the gravity of the contraventions, the vulnerability of affected consumers, and the Respondent's cooperation and cessation of business. It determined that an administrative fine of R100,000 was appropriate, rather than the higher amount sought by the Applicant, and declined to order an audit due to the Respondent's cessation of operations. The...

Citation
[2021] ZANCT 31
Parties
Applicant: National Credit Regulator; Respondent: Johann Voigt t/a Cash Loans Henneman (Sole Proprietor)
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
12 September 2021
Case Number
NCT/129036/2019
Procedural Posture
Administrative Application / Final Judgment
Outcome
The application is granted in part. The Respondent's conduct is declared prohibited, and an administrative fine is imposed. The request for an audit is declined.
Judges
T Woker, K Moodaliyar, T Bailey
Legal Topics
National Credit Act, Affordability Assessment, Unregistered Credit Provider, Excessive Interest, Administrative Fine
Banking and Finance Civil Procedure National Credit Act Affordability Assessment Unregistered Credit Provider Excessive Interest Administrative Fine

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Parties

National Credit Regulator

Applicant

Johann Voigt t/a Cash Loans Henneman (Sole Proprietor)

Respondent

Procedural Posture

Administrative Application / Final Judgment

Legal Issues

  1. 1 Did the Respondent repeatedly contravene the National Credit Act and its regulations by failing to conduct affordability assessments, providing non-compliant credit agreements, operating without registration, and overcharging interest?
  2. 2 Is the imposition of an administrative fine and other relief appropriate under the circumstances?

Ratio Decidendi

The Tribunal found that the Respondent repeatedly contravened the National Credit Act by failing to conduct affordability assessments, providing non-compliant credit agreements, operating without registration, and overcharging interest. The Respondent admitted to the contraventions and cooperated with the Tribunal. The Tribunal considered the gravity of the contraventions, the vulnerability of affected consumers, and the Respondent's cooperation and cessation of business. It determined that an administrative fine of R100,000 was appropriate, rather than the higher amount sought by the Applicant, and declined to order an audit due to the Respondent's cessation of operations. The...

Court Disposition

The application is granted in part. The Respondent's conduct is declared prohibited, and an administrative fine is imposed. The request for an audit is declined.

Orders

  • The Respondent has repeatedly contravened sections 81(2) read with Regulation 23A; section 40(3); section 93(2) read with Regulation 30(1); and sections 100(1)(c) and 101(1)(d)(ii) read with Regulation 42(1) of the National Credit Act.
  • The Respondent's conduct is declared prohibited in terms of section 150(a) of the Act.