South Africa Case Law

Profit Hub (Pty) Ltd v Zuwon Consultants (Pty) Ltd and Another (2024-096735)

Profit Hub (Pty) Ltd v Zuwon Consultants (Pty) Ltd and Another (2024-096735) [2025] ZAGPPHC 244 (3 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024-096735

Judge

Swanepoel

The court held that, although previous cases distinguished discounting agreements from credit agreements, the substance of the present agreement was that the applicant advanced money to the first respondent, deferred repayment, and charged a factoring fee and penalty interest. The applicant's profit derived from these fees, not from the surplus of the claim. The rights in the invoices were ceded as security for repayment, and the balance after repayment accrued to the first respondent. This arrangement fits squarely within the definition of a credit facility under section 8(3) of the National…

Source excerpt

• National Credit Act
• Credit Agreement Definition
• Invoice Discounting
• Surety Liability

Uys N.O. and Others v National Credit Regulator and Another (A58/2021)

Uys N.O. and Others v National Credit Regulator and Another (A58/2021) [2023] ZAGPPHC 651 (10 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

A58/2021

Judges

S. Potterill, M.P.N. Mbongwe, M.P. Kumalo

The High Court granted condonation, struck out new material in the answering affidavit, and allowed leave to appeal on a novel National Credit Act issue.

• National Credit Act
• Condonation
• Simulated Transactions
• Credit Agreement Definition
• Striking Out Evidence
• Strike-out

Slabbert v South African Securitisation Programme (RF) Ltd and Another (2020/41972)

Slabbert v South African Securitisation Programme (RF) Ltd and Another (2020/41972) [2021] ZAGPJHC 488 (22 September 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2020/41972

Judge

L.J. du Bruyn

The court found that the claims by SASP and Sasfin were properly pleaded in the alternative, as permitted by rule 10(1), and that locus standi would depend on the outcome of the trial regarding the cession. The rental agreement was held not to constitute a credit agreement under the National Credit Act, as it is a true lease where ownership does not pass to the lessee. Therefore, there was no requirement for Sasfin to be registered as a credit provider or to conduct a credit assessment. The exception was dismissed on all grounds, and the court declined to award attorney and own client costs,…

Source excerpt

• Joinder Of Parties
• Credit Agreement Definition
• National Credit Act Application
• Locus Standi
• Exception Procedure

Ruyobeza v Telkom SA SOC (Ltd) (NCT/94271/2017/141(1))

Ruyobeza v Telkom SA SOC (Ltd) (NCT/94271/2017/141(1)) [2018] ZANCT 80 (20 June 2018)

Court

National Consumer Tribunal

Case number

NCT/94271/2017/141(1)

Judges

MC Peenze, D Terblanche, J Simpson

The Tribunal found that it lacks jurisdiction to adjudicate the matter under the CPA because the applicant did not initiate a complaint with the National Consumer Commission and did not receive a notice of non-referral. The Tribunal also found that the agreement between the parties was not a credit agreement as defined by the NCA, as there was no evidence that credit was advanced or that payment terms allowed for deferred or partial payments. Consequently, the Tribunal concluded that there were no reasonable prospects of success for the applicant's referral and dismissed the application for l…

Source excerpt

• Leave To Refer
• Jurisdiction Of Tribunal
• Credit Agreement Definition
• Consumer Protection Act
• National Credit Act

Els v Swart N.O. and Another (MG10/2015)

Els v Swart N.O. and Another (MG10/2015) [2016] ZANWHC 43 (16 September 2016)

Court

North West High Court, Mafikeng

Case number

MG10/2015

Judges

Kgoele, Gura

The High Court held that the dispute over repayment of joint-development expenses was not a National Credit Act credit agreement, and the special plea failed.

• National Credit Act
• Credit Agreement Definition
• Special Plea
• Arm S Length Transaction
• Costs Order
• National-credit-act

Mosaic Connections CC v First National Bank Limited (NCT/3294/2015/137(3))

Mosaic Connections CC v First National Bank Limited (NCT/3294/2015/137(3)) [2016] ZANCT 16 (10 May 2016)

Court

National Consumer Tribunal

Case number

NCT/3294/2015/137(3)

Judges

J Simpson, B Dumisa, F Sibanda

The Tribunal held it lacked jurisdiction over the dispute about FNB’s monthly account fee on a cheque account and dismissed the application.

• Jurisdiction Of Tribunal
• Credit Agreement Definition
• Bait Marketing
• Misleading Advertising
• Contractual Variation
• Tribunal-jurisdiction

Botha N.O and Others v Gericke N.O and Another (32759/13)

Botha N.O and Others v Gericke N.O and Another (32759/13) [2014] ZAGPPHC 135 (7 February 2014)

Court

North Gauteng High Court, Pretoria

Case number

32759/13

Judge

Thulare

The court held that an interest-free deferred loan was not a credit agreement under the National Credit Act, so registration as credit providers was not required.

• National Credit Act
• Credit Agreement Definition
• Credit Provider Registration
• Loan Agreement
• Exception To Plea
• National-credit-act

Dayan v Dayan (014482/09)

Dayan v Dayan (014482/09) [2011] ZAGPJHC 50 (13 May 2011)

Court

South Gauteng High Court, Johannesburg

Case number

014482/09

Judges

Lamont, Tsoka, Bizos

The High Court dismissed an appeal against making a Beth Din arbitration award an order of court, holding there was no challenge to the award and the National Credit Act did not apply.

• Arbitration Award Enforcement
• Credit Agreement Definition
• Arm S Length Transaction
• Costs On Appeal
• Arbitration-award-enforcement
• National-credit-act

Scania Finance Southern Africa (Pty) Ltd v Bouer (3748/2010)

Scania Finance Southern Africa (Pty) Ltd v Bouer (3748/2010) [2010] ZAFSHC 161 (23 December 2010)

Court

Free State High Court, Bloemfontein

Case number

3748/2010

Judge

B.C. Mocumie

The court found that the agreements in question contained specific clauses relating to interest and finance charges, which brought them within the ambit of the National Credit Act. The plaintiff, as credit provider, failed to comply with section 129(1)(a) by not giving the required notice to the defendant before instituting legal proceedings. The court held that compliance with the statutory notice provisions is mandatory and that the plaintiff must first deliver a compliant notice before proceeding. The summary judgment application was postponed sine die, and the plaintiff was ordered to pay…

Source excerpt

• National Credit Act
• Summary Judgment
• Section 129 Notice
• Credit Agreement Definition
• Consumer Protection

Carter Trading (Pty) Ltd v Blignaut (444/09)

Carter Trading (Pty) Ltd v Blignaut (444/09) [2009] ZAECPEHC 22; 2010 (2) SA 46 (ECP) (14 May 2009)

Court

Eastern Cape High Court, Port Elizabeth

Case number

444/09

Judge

Van der Byl, AJ

The court held that the acknowledgement of debt was a credit agreement under the National Credit Act and postponed summary judgment for non-compliance with sections 129 and 130.

• National Credit Act
• Summary Judgment
• Acknowledgement Of Debt
• Credit Agreement Definition
• Compliance With Statutory Requirements
• National-credit-act