South Africa Case Law

National Credit Regulator v Nonies Legacy (Pty) Ltd t/a Nonies Legacy Cash Loans (NCT-384962-2025-57(1))

National Credit Regulator v Nonies Legacy (Pty) Ltd t/a Nonies Legacy Cash Loans (NCT-384962-2025-57(1)) [2025] ZANCT 38 (23 June 2025)

Court

National Consumer Tribunal

Case number

NCT-384962-2025-57(1)

Judges

MC Peenze, CJ Ntsoane, ZP Ntuli

The Tribunal found a credit provider repeatedly breached the National Credit Act, declared the conduct prohibited and reckless, cancelled registration, and imposed a R100,000 fine.

• National Credit Act
• Reckless Lending
• Affordability Assessment
• Administrative Fine
• Credit Provider Registration
• Consumer Protection

Firstrand Bank Limited t/a Wesbank v Mpungose (52965/2018)

Firstrand Bank Limited t/a Wesbank v Mpungose (52965/2018) [2025] ZAGPPHC 594 (4 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

52965/2018

Judge

N G M Mazibuko

The High Court granted absolution from the instance in a bank’s claim over a repossessed Jaguar, finding insufficient proof of a valid electronic agreement.

• Electronic Signature
• Instalment Sale Agreement
• Absolution From Instance
• Affordability Assessment
• Credit Agreement Compliance
• Absolution-from-instance

De Klerk and Another v Absa Bank Limited and Another (NCT/376411/2025/141(1)(b))

De Klerk and Another v Absa Bank Limited and Another (NCT/376411/2025/141(1)(b)) [2025] ZANCT 25 (22 April 2025)

Court

National Consumer Tribunal

Case number

NCT/376411/2025/141(1)(b)

Judges

Z Ntuli, MC Peenze, P Manzi-Ntshingila

The Tribunal refused leave to refer a reckless lending complaint, finding it time-barred under section 166 of the National Credit Act.

• Reckless Lending
• Affordability Assessment
• Limitation Period
• Leave To Refer
• Consumer Credit
• Reckless-lending

National Credit Regulator v F en H Cronje Finansiele Dienste (NCT/183247/2021/57(1))

National Credit Regulator v F en H Cronje Finansiele Dienste (NCT/183247/2021/57(1)) [2025] ZANCT 16 (16 April 2025)

Court

National Consumer Tribunal

Case number

NCT/183247/2021/57(1)

Judges

MC Peenze, A Potwana, N Maseti

The Tribunal confirmed a settlement agreement between the NCR and a credit provider as a consent order, with no costs order made.

• National Credit Act
• Reckless Lending
• Affordability Assessment
• Credit Provider Registration
• Consent Order
• National-credit-act

National Credit Regulator v Prestige Cash Loans (Pty) Ltd (NCT/257509/2023/57(1))

National Credit Regulator v Prestige Cash Loans (Pty) Ltd (NCT/257509/2023/57(1)) [2025] ZANCT 20 (15 April 2025)

Court

National Consumer Tribunal

Case number

NCT/257509/2023/57(1)

Judges

A Potwana, M Peenze, N Maseti

The Tribunal found that the respondent admitted to contravening multiple provisions of the National Credit Act and related regulations, including operating an unregistered branch, charging excessive interest, and failing to conduct proper affordability assessments. The parties entered into a settlement agreement in which the respondent acknowledged prohibited conduct, agreed to close the unregistered branch, appoint an independent auditor, and pay an administrative fine. The Tribunal held that the application for a consent order was competent and that confirming the settlement agreement as a…

Source excerpt

• National Credit Act
• Prohibited Conduct
• Administrative Fine
• Settlement Agreement
• Credit Provider Registration
• Affordability Assessment

Bezuidenhout v Absa Bank Limited (NCT/292129/2023/141(1)(b))

Bezuidenhout v Absa Bank Limited (NCT/292129/2023/141(1)(b)) [2025] ZANCT 21 (8 April 2025)

Court

National Consumer Tribunal

Case number

NCT/292129/2023/141(1)(b)

Judges

C Sassman, S Mbhele, A Potwana

The National Consumer Tribunal dismissed a consumer’s section 141(1)(b) NCA application against ABSA, finding no NCA duty to supply the requested documents.

• National Credit Act
• Consumer Rights
• Document Disclosure
• Cost Orders
• Affordability Assessment
• National-credit-act

National Credit Regulator v K2014241715 (South Africa) Ltd t/a Quick Bucks Cash Loans (NCT/267093/2023/57(1))

National Credit Regulator v K2014241715 (South Africa) Ltd t/a Quick Bucks Cash Loans (NCT/267093/2023/57(1)) [2025] ZANCT 26 (28 March 2025)

Court

National Consumer Tribunal

Case number

NCT/267093/2023/57(1)

Judges

Z Ntuli, S Hockey, S Mbhele

The Tribunal found multiple National Credit Act breaches by a credit provider, declared the conduct prohibited and reckless, cancelled registration, and imposed a R20,000 fine.

• National Credit Act
• Reckless Lending
• Affordability Assessment
• Prohibited Advertising
• Undisclosed Fees
• Administrative Fine

Cronje and Others v Firstrand Bank Limited t/a First National Bank (3955/2019)

Cronje and Others v Firstrand Bank Limited t/a First National Bank (3955/2019) [2025] ZAFSHC 86 (5 March 2025)

Court

Free State High Court, Bloemfontein

Case number

3955/2019

Judge

Mpama

The High Court dismissed a Rule 21 application to compel further particulars, finding the requested information was mostly evidential and not strictly necessary for trial.

• Uniform Rules Of Court Rule 21
• National Credit Act
• Reckless Lending
• Affordability Assessment
• Suretyship
• Mortgage Bond Enforcement

Klusmann v FFS Finance South Africa (RF) (Pty) Ltd t/a Absa Vehicle & Asset Finance (NCT/325080/2024/141(1)(b))

Klusmann v FFS Finance South Africa (RF) (Pty) Ltd t/a Absa Vehicle & Asset Finance (NCT/325080/2024/141(1)(b)) [2024] ZANCT 50 (8 November 2024)

Court

National Consumer Tribunal

Case number

NCT/325080/2024/141(1)(b)

Judges

MC Peenze, S Hockey, P Manzi-Ntshingila

The Tribunal refused leave to refer a reckless-lending complaint because the application was brought more than three years after the alleged conduct.

• Reckless Lending
• Affordability Assessment
• Prescription
• Leave To Refer
• National Credit Act
• Reckless-lending

Morwalele v Imas Co-Operative Limited and Another (NCT/334154/2024/141(1)(b))

Morwalele v Imas Co-Operative Limited and Another (NCT/334154/2024/141(1)(b)) [2024] ZANCT 61 (29 October 2024)

Court

National Consumer Tribunal

Case number

NCT/334154/2024/141(1)(b)

Judge

S Hockey

The Tribunal found that the applicant's application for condonation was not inordinately late, but the merits of the main application were poor. Section 121 of the National Credit Act did not apply to the credit agreement in question, and even if it did, the applicant failed to deliver notice of termination within the prescribed five-day period. The applicant's complaint regarding the lack of an affordability assessment was time-barred under section 166, as more than three years had elapsed since the relevant act or omission. Given the lack of prospects of success and the interests of justice…

Source excerpt

• Condonation
• Late Filing
• Credit Agreement
• Affordability Assessment
• Limitation Period
• Consumer Rights