South Africa Case Law

Loan Company (Pty) Ltd v National Credit Regulator and Another (1104/2023)

Loan Company (Pty) Ltd v National Credit Regulator and Another (1104/2023) [2025] ZASCA 40; 2025 (4) SA 501 (SCA) (8 April 2025)

Court

Supreme Court of Appeal

Case number

1104/2023

Judges

Mokgohloa, Keightley, Coppin, Phatshoane, Vally

The Supreme Court of Appeal found that the Loan Company repeatedly contravened the National Credit Act by entering into credit agreements and advertising credit prior to registration as a credit provider. The company's reliance on section 42(3)(a) was misplaced, as its application for registration had lapsed and all sample transactions occurred before registration was granted. The Tribunal correctly found that the company unlawfully charged a flat 5% interest rate irrespective of loan duration, contrary to statutory requirements that interest be calculated based on the actual period. The Trib…

Source excerpt

• National Credit Act
• Credit Provider Registration
• Administrative Penalty
• Interest Calculation
• Pawn Transactions
• Consumer Refunds

National Credit Regulator v Christin Borman T/A Star Pawn Shop (NCT/8613/2013/57(1))

National Credit Regulator v Christin Borman T/A Star Pawn Shop (NCT/8613/2013/57(1)) [2014] ZANCT 46 (8 December 2014)

Court

National Consumer Tribunal

Case number

NCT/8613/2013/57(1)

Judges

B Dumisa, H Devraj, F Manamela

The Tribunal found an unregistered pawn broker engaged in prohibited conduct under the National Credit Act, ordered consumer refunds, and declined an administrative penalty.

• National Credit Act
• Unregistered Credit Provider
• Prohibited Conduct
• Administrative Penalty
• Interest Rate Regulation
• Consumer Refunds