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South Africa decisions
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De Klerk and Another v Absa Bank Limited and Another (NCT/376411/2025/141(1)(b)) [2025] ZANCT 25 (22 April 2025)
The Tribunal refused leave to refer a reckless lending complaint, finding it time-barred under section 166 of the National Credit Act.
Hopkins v BMW Financial Services (South Africa) (Pty) Ltd and Another (NCT/336592/2024/141(1)(b)) [2025] ZANCT 5 (20 February 2025)
The Tribunal refused leave to refer a reckless-lending complaint, holding that the matter was already finally decided by the High Court and was res judicata.
Sitemela v Old Mutual Finance (RF) (Pty) Ltd (NCT/164775/2020/141(1)(b)) [2021] ZANCT 38 (16 August 2021)
The Tribunal found that the Applicant filed his application for leave to refer outside the prescribed 20-day period following the Regulator's notice of non-referral and failed to apply for condonation for the late filing. The Tribunal upheld the Respondent's preliminary objection on this ground. On the merits, the Tribunal considered the Regulator's detailed investigation and the Respondent's evidence, concluding that the Applicant's prospects of success and the relief sought did not warrant granting leave to refer. The Tribunal dismissed the remaining preliminary objections regarding clarity…
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Pieterse v BMW Financial Services (South Africa) (Pty) Ltd and Others (32048/2020) [2021] ZAGPPHC 689 (5 May 2021)
The High Court granted an urgent interdict stopping the auction of a repossessed BMW pending a rescission application, finding the debtor had responded reasonably under the NCA.
Ndima and Another v Nedbank Limited and Another (NCT/130810/2019/148(1)) [2019] ZANCT 126 (9 August 2019)
The Tribunal upheld an appeal and granted condonation for a late referral, finding settlement talks and prospects of success justified the delay.
Denny v Nedbank Limited (NCT/78050/2017/141(1)) [2017] ZANCT 138 (10 December 2017)
The Tribunal refused leave to refer a reckless-lending complaint against Nedbank, finding the applicant had no reasonable prospects of success.
Mahlaba v Absa Bank Limited (18278/16) [2017] ZAGPJHC 112 (21 April 2017)
The applicant failed to provide a reasonable explanation for her default and did not demonstrate a bona fide defence with prospects of success. The respondent complied with statutory requirements by sending the section 129 notice to the applicant's nominated address and properly serving the summons. The applicant's contention that she did not receive the notice or summons is not supported by the evidence, and her payment history confirms arrears. The principles established in Kubyana v Standard Bank govern the delivery of section 129 notices, and the applicant's failure to collect the registe…
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Mafalo v Mr Price Group (NCT/56281/2016/114(1)NCA) [2016] ZANCT 45 (20 October 2016)
The Tribunal granted a consumer’s default application compelling a credit provider to deliver an account statement under the National Credit Act.
Nedbank Limited v Mbili and Others (NCT/17149/2014/165) [2015] ZANCT 6 (23 February 2015)
The Tribunal dismissed Nedbank’s application to vary a debt rearrangement order, finding no statutory basis under section 165 of the National Credit Act.
FirstRand Bank Ltd t/a Wesbank v Weltman -Shmaryanhu, FirstRand Bank Ltd t/a McCarthy Finance a division of Wesbank v Weltman -Shmaryanhu (18229/2010, 18230/2010, 18243/2010) [2010] ZAWCHC 621 (10 December 2010)
The court found that service of the section 129 notice by the deputy sheriff did not invalidate compliance with statutory requirements, as the risk of non-receipt lies with the consumer if the notice is received. Cancellation of the agreement was adequately conveyed to the defendant, at least upon service of summons, and no further notice was required. The citation of the plaintiff did not render the agreement unlawful, as the documentation clarified the relationship between Wesbank and FirstRand Bank Limited. The defendant's affidavit did not disclose a bona fide defence beyond bald denials…
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