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South Africa Case Law

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Banking And Finance [2022] ZANCT 16

National Credit Regulator v Titusg Traders (Pty) Ltd (NCT/182923/2021/57(1))

National Credit Regulator v Titusg Traders (Pty) Ltd (NCT/182923/2021/57(1)) [2022] ZANCT 16 (27 March 2022)

The National Consumer Tribunal cancelled Titusg Traders’ credit provider registration, ordered refunds to affected consumers, and imposed an administrative fine.

  • National Credit Act
  • Cancellation Of Registration
  • Administrative Fine
  • Consumer Refund
  • National-credit-act
  • Credit-provider-registration
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Banking And Finance [2021] ZANCT 1

National Consumer Regulator v Aganangunite Financial Services and Loans (Pty) Ltd (NCT/140485/2019-140(1))

National Consumer Regulator v Aganangunite Financial Services and Loans (Pty) Ltd (NCT/140485/2019-140(1)) [2021] ZANCT 1 (22 March 2021)

The Tribunal found a credit provider guilty of repeated NCA breaches, declared several agreements reckless, ordered refunds, and imposed a R250,000 fine.

  • Reckless Lending
  • Affordability Assessment
  • Administrative Fine
  • Prohibited Conduct
  • Credit Provider Registration
  • Consumer Refund
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Banking And Finance [2020] ZANCT 1

National Credit Regulator v Dinga Finance CC (NCT/122560/2018/140(1))

National Credit Regulator v Dinga Finance CC (NCT/122560/2018/140(1)) [2020] ZANCT 1 (13 February 2020)

The Tribunal found Dinga Finance CC repeatedly contravened the National Credit Act, declared prohibited conduct, imposed a R300,000 fine, and ordered consumer refunds.

  • National Credit Act
  • Reckless Lending
  • Unlawful Credit Agreements
  • Administrative Fine
  • Prohibited Conduct
  • Consumer Refund
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Banking And Finance [2018] ZANCT 47

National Credit Regulator v Tengizak CC (NCT/91474/2017/57(1))

National Credit Regulator v Tengizak CC (NCT/91474/2017/57(1)) [2018] ZANCT 47 (2 July 2018)

The Tribunal found Tengizak CC repeatedly breached the National Credit Act by poor affordability assessments and unlawful delivery/pick-up fees, declared the conduct prohibited, and ordered refunds.

  • National Credit Act
  • Affordability Assessment
  • Unlawful Credit Fees
  • Record Keeping Requirements
  • Administrative Fine
  • Consumer Refund
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Banking And Finance [2018] ZANCT 14

National Credit Regulator v Murphy and Sons Cash Loans CC (NCT/82548/2017/57(1))

National Credit Regulator v Murphy and Sons Cash Loans CC (NCT/82548/2017/57(1)) [2018] ZANCT 14 (23 February 2018)

The Tribunal found that the Respondent repeatedly contravened the National Credit Act and the conditions of its registration as a credit provider. The Respondent failed to conduct proper affordability assessments, entered into reckless credit agreements, failed to keep proper records, did not provide required pre-agreement statements and quotations, and charged excessive interest and fees. The Respondent did not oppose the application and failed to appear at the hearing, resulting in the Applicant's allegations being deemed admitted. The Tribunal concluded that these contraventions amounted t…

  • National Credit Act
  • Reckless Lending
  • Administrative Fine
  • Registration Cancellation
  • Consumer Refund
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Banking And Finance [2017] ZANCT 94

National Credit Regulator v Hua Xiang Cash Loans CC (NCT/76166/2017/57(1))

National Credit Regulator v Hua Xiang Cash Loans CC (NCT/76166/2017/57(1)) [2017] ZANCT 94 (27 July 2017)

The Tribunal cancelled a credit provider’s registration, declared repeated contraventions of the National Credit Act prohibited, and ordered refunds plus a R1 million fine.

  • Credit Provider Registration
  • Reckless Lending
  • Excessive Interest
  • Administrative Penalty
  • Consumer Refund
  • National-credit-act
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Banking And Finance [2016] ZANCT 50

National Credit Regulator v Mobimoola Financial Services (Pty) Ltd (NCT/18256/2014/140)

National Credit Regulator v Mobimoola Financial Services (Pty) Ltd (NCT/18256/2014/140) [2016] ZANCT 50 (4 April 2016)

The Tribunal found that the Respondent contravened sections 81(2) and (3) of the National Credit Act by failing to conduct proper affordability assessments, relying solely on verbal responses without objective verification such as payslips or bank statements. The Respondent also breached section 100(1)(b) by charging initiation fees in excess of the statutory maximum, and failed to provide pre-agreement quotations and copies of credit agreements as required by sections 92(1) and 93(1) and Regulation 28(1). Although the Applicant alleged that the Respondent operated as an unregistered credit p…

  • National Credit Act
  • Reckless Lending
  • Affordability Assessment
  • Administrative Fine
  • Consumer Refund
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Banking And Finance [2015] ZANCT 3

National Credit Regulator v Marang Financial Services (NCT/16157/2014/140(1))

National Credit Regulator v Marang Financial Services (NCT/16157/2014/140(1)) [2015] ZANCT 3 (24 February 2015)

The Tribunal found Marang Financial Services in prohibited conduct under the National Credit Act, ordered consumer refunds, and imposed a R450,000 penalty.

  • National Credit Act
  • Reckless Lending
  • Unlawful Credit Agreements
  • Administrative Penalty
  • Consumer Refund
  • Record Keeping Requirements
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.