South Africa Case Law

Potpale Investments (Rf) (Pty) Ltd v Leteane (2025/047232; 2025/048371; 2025/048374; 2025/048376)

Potpale Investments (Rf) (Pty) Ltd v Leteane (2025/047232; 2025/048371; 2025/048374; 2025/048376) [2025] ZAGPJHC 682 (30 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/047232; 2025/048371; 2025/048374; 2025/048376

Judge

Strobl AJ

The court held that delivery of section 129 notices by the sheriff at the designated address, even though the respondents had selected registered mail as their preferred method, constituted proper delivery under section 129(5)(b) of the National Credit Act. The court reasoned that the applicant took all reasonable steps to deliver the notices, including dispatching the sheriff during working hours and leaving the notices at a prominent place when no adult was present. The court found that the sheriff's returns provided greater assurance and proof of delivery than registered mail would have, e…

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• National Credit Act
• Section 129 Notice
• Proof Of Delivery
• Preferred Method Of Service
• Consumer Protection

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

Stander v Bates and Another (NCT/367710/2024/141(1)(b))

Stander v Bates and Another (NCT/367710/2024/141(1)(b)) [2025] ZANCT 33 (13 May 2025)

Court

National Consumer Tribunal

Case number

NCT/367710/2024/141(1)(b)

Judges

C Sassman, P Manzi-Ntshingila, A Potwana

The Tribunal dismissed a consumer’s bid to leave debt review and remove the credit listing, holding that the NCA did not permit the requested relief.

• National Credit Act
• Debt Review
• Consumer Protection
• Withdrawal Guidelines
• Debt-review
• National-credit-act

National Credit Regulator v JDG Trading (Pty) Ltd and Others (A3086/2019)

National Credit Regulator v JDG Trading (Pty) Ltd and Others (A3086/2019) [2025] ZAGPJHC 442 (7 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A3086/2019

Judges

S Mahomed, Khashane La M. Manamela

The court found that JDG Trading contravened section 106(2)(a) of the National Credit Act by selling bundled insurance to pensioners and disabled persons who could never benefit from disability or retrenchment cover. The insurance was unreasonable because these consumers were required to pay for cover that was meaningless to them, and JDG bore no risk of payout for these categories. The court rejected JDG's argument that low cost and group cover justified the practice, holding that fairness and reasonableness must be assessed in relation to the individual consumer's circumstances. The Tribuna…

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• Credit Life Insurance
• Unreasonable Contract Terms
• Consumer Protection
• Cross Subsidisation
• Prohibited Conduct
• Administrative Penalty Referral

Absa Bank Limited v Johan Serfontein and Another (740/2023)

Absa Bank Limited v Johan Serfontein and Another (740/2023) [2025] ZASCA 11; [2025] 2 All SA 1 (SCA); 2025 (3) SA 345 (SCA) (10 February 2025)

Court

Supreme Court of Appeal

Case number

740/2023

Judges

Molemela, Kgoele, Keightley, Koen, Dolamo

The Supreme Court of Appeal held that the AOD/POA was a supplementary agreement under the National Credit Act, as it regulated the same subject matter as the original overdraft and surety agreements. Clauses 2 and 13 of the AOD/POA were found to be unlawful under section 90(2): clause 13 attempted to exclude the application of the NCA, defeating its purpose, while clause 2 granted ABSA an irrevocable power of attorney to sell the property without a court order, contravening statutory and constitutional protections. The respondents were found to have been induced to sign the agreement under th…

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• National Credit Act
• Supplementary Agreement
• Parate Executie
• Unlawful Provisions
• Severance Of Contract
• Consumer Protection

National Credit Regulator v Renene t/a Kwa-Whity and Another (NCT/321461/2024/140(1))

National Credit Regulator v Renene t/a Kwa-Whity and Another (NCT/321461/2024/140(1)) [2024] ZANCT 71 (5 December 2024)

Court

National Consumer Tribunal

Case number

NCT/321461/2024/140(1)

Judges

S Hockey, Z Ntuli, P Manzi-Ntshingila

The Tribunal found two Kwa-Whity operators conducted unregistered credit business, retained consumer cards and IDs, and imposed repayment, compliance and fines.

• National Credit Act
• Unlawful Credit Agreements
• Prohibited Conduct
• Administrative Fine
• Consumer Protection
• Registration Of Credit Providers

Qabaka v Solomon and Another (NCT/297314/2023/141(1)(b))

Qabaka v Solomon and Another (NCT/297314/2023/141(1)(b)) [2024] ZANCT 54 (20 November 2024)

Court

National Consumer Tribunal

Case number

NCT/297314/2023/141(1)(b)

Judges

A Potwana, M Peenze, C Sassman

The Tribunal found a debt counsellor placed the applicant under debt review without consent, declared prohibited conduct, imposed a R250,000 fine, and ordered removal of the debt review status.

• Debt Review
• Prohibited Conduct
• Administrative Fine
• Credit Bureau Information
• Non Referral
• Consumer Protection

National Credit Regulator v Sell to us t/a Pawn My Car (Pty) Ltd and Another (NCT/326370/2024/140(1))

National Credit Regulator v Sell to us t/a Pawn My Car (Pty) Ltd and Another (NCT/326370/2024/140(1)) [2024] ZANCT 59 (4 October 2024)

Court

National Consumer Tribunal

Case number

NCT/326370/2024/140(1)

Judges

S Hockey, A Potwana, P Manzi-Ntshingila

The Tribunal found that the respondents, acting jointly, repeatedly contravened the National Credit Act and its regulations by entering into simulated secured loan agreements with consumers while unregistered as credit providers, failing to conduct required affordability assessments, overcharging interest, and repossessing vehicles without due process. The respondents disguised credit agreements as sale and lease transactions to circumvent the NCA, misled consumers regarding the nature of the agreements, and failed to provide prescribed documentation and disclosures. The Tribunal held that th…

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• National Credit Act
• Unlawful Credit Agreements
• Reckless Lending
• Affordability Assessment
• Administrative Fine
• Consumer Protection

Pheko v Lamara and Another (NCT/312494/2024/141/(1)(b))

Pheko v Lamara and Another (NCT/312494/2024/141/(1)(b)) [2024] ZANCT 42 (3 October 2024)

Court

National Consumer Tribunal

Case number

NCT/312494/2024/141(1)(b)

Judges

Z Ntuli, MC Peenze, S Mbhele

The Tribunal held that the applicant was placed under debt review without consent and ordered the NCR to correct his credit record.

• National Credit Act
• Debt Review Removal
• Consumer Protection
• Default Proceedings
• Debt-review-removal
• Consumer-protection

National Credit Regulator v Dans Cash Loans (Pty) Ltd (NCT/321603/2024/140(1))

National Credit Regulator v Dans Cash Loans (Pty) Ltd (NCT/321603/2024/140(1)) [2024] ZANCT 39 (12 September 2024)

Court

National Consumer Tribunal

Case number

NCT/321603/2024/140(1)

Judges

Z Ntuli, N Maseti, MC Peenze

The Tribunal found Dans Cash Loans repeatedly breached the National Credit Act, declared the credit agreements reckless, ordered an audit, and imposed a R200,000 fine.

• National Credit Act
• Reckless Lending
• Affordability Assessment
• Prohibited Conduct
• Administrative Penalty
• Consumer Protection