South Africa Case Law

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

SA Taxi Development Finance (Pty) Ltd v Thethani NO (10417/2023)

SA Taxi Development Finance (Pty) Ltd v Thethani NO (10417/2023) [2024] ZAWCHC 60 (28 February 2024)

Court

Western Cape High Court, Cape Town

Case number

10417/2023

Judge

Joubert AJ

The court found that the plaintiff, as cessionary, retained ownership of the vehicle under the instalment sale agreement, and upon default by the defendant as executrix, was entitled to repossession. The section 129 notice was properly served at the defendant's residential address, satisfying statutory requirements. The credit life insurance claim was repudiated due to the deceased's death within the waiting period, and this did not extinguish the debt or affect the plaintiff's rights. The vehicle did not form part of the deceased estate, and thus neither the Master nor the heirs were necessa…

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• Summary Judgment
• Rei Vindicatio
• Credit Agreement Enforcement
• Non Joinder
• Credit Life Insurance
• Administration Of Deceased Estates

Saaiman N.O and Another v Suidwes Landbou (Pty) Ltd (KP177/2018)

Saaiman N.O and Another v Suidwes Landbou (Pty) Ltd (KP177/2018) [2023] ZANWHC 87 (23 June 2023)

Court

North West High Court, Mafikeng

Case number

KP177/2018

Judge

A H Petersen

The High Court dismissed a trust’s claim that Suidwes Landbou had to pay life-insurance premiums, holding the written agreement placed that duty on the trust.

• Breach Of Contract
• Credit Life Insurance
• Indemnity Clause
• Non Variation Clause
• Delictual Liability
• Breach-of-contract

National Credit Regulator v Loans at Smart Cash Bizana (Pty) Ltd (NCT/223348/2022/140(1))

National Credit Regulator v Loans at Smart Cash Bizana (Pty) Ltd (NCT/223348/2022/140(1)) [2022] ZANCT 26 (13 June 2022)

Court

National Consumer Tribunal

Case number

NCT/223348/2022/140(1)

Judges

N Sephoti, L Best, F Sibanda

The Tribunal found that the Respondent repeatedly contravened the National Credit Act and its Regulations by extending credit after its registration had lapsed, charging excessive fees and credit life insurance premiums, failing to conduct proper affordability assessments, and inducing consumers to sign unlawful supplementary agreements. The Respondent's conduct was deemed prohibited, and the Tribunal held that the Respondent's actions caused financial harm to consumers, demonstrated a disregard for statutory obligations, and exploited vulnerable market segments. The Tribunal determined that…

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• National Credit Act
• Reckless Credit
• Credit Life Insurance
• Affordability Assessment
• Administrative Fine
• Unlawful Credit Agreements

National Credit Regulator v Finbond Mutual Bank (NCT/26629/2015/140(1))

National Credit Regulator v Finbond Mutual Bank (NCT/26629/2015/140(1)) [2017] ZANCT 97 (23 August 2017)

Court

National Consumer Tribunal

Case number

NCT/26629/2015/140(1)

Judges

T Woker, J M Maseko, B Dumisa

The Tribunal dismissed the NCR’s complaint against Finbond Mutual Bank, holding that it had not established a reasonable suspicion or sufficient evidence of unreasonable insurance pricing.

• Credit Life Insurance
• Unreasonable Costs
• Commission Disclosure
• Jurisdictional Requirements
• Audi Alteram Partem
• Administrative Penalty

Guardrisk Life Limited v Long Term Credit Life Insurance Policies (LM193Jan17)

Guardrisk Life Limited v Long Term Credit Life Insurance Policies (LM193Jan17) [2017] ZACT 44; [2017] 1 CPLR 297 (CT) (9 May 2017)

Court

Competition Tribunal

Case number

LM193Jan17

Judges

Y Carrim, M Mokuena, A Ndoni

The Competition Tribunal approved Guardrisk Life Limited’s merger with the long-term credit life insurance policies underwritten by Stangen, without conditions.

• Merger Control
• Credit Life Insurance
• Market Share Analysis
• Public Interest
• Statutory Assignment
• Merger-control

National Credit Regulator v Finbond Mutual Bank and Another (NCT/26629/2015/140(1))

National Credit Regulator v Finbond Mutual Bank and Another (NCT/26629/2015/140(1)) [2016] ZANCT 43 (19 September 2016)

Court

National Consumer Tribunal

Case number

NCT/26629/2015/140(1)

Judges

T Woker, J M Maseko, B Dumisa

The Tribunal held that section 106 of the National Credit Act applies only to credit providers, not insurers, and dismissed the referral against Guardrisk.

• Credit Life Insurance
• Jurisdiction Of Tribunal
• Prohibited Conduct
• Ultra Vires
• Vicarious Liability
• Credit-life-insurance

Firstrand Bank Limited t/a Wesbank v Moji (1012/2012)

Firstrand Bank Limited t/a Wesbank v Moji (1012/2012) [2014] ZAFSHC 86 (29 May 2014)

Court

Free State High Court, Bloemfontein

Case number

1012/2012

Judge

Van Zyl

The court granted absolution from the instance in a bank’s claim under an instalment sale agreement, finding the plaintiff had not proved the absence of disability insurance cover.

• Instalment Sale Agreement
• Credit Life Insurance
• Burden Of Proof
• Absolution From Instance
• National Credit Act Compliance
• Instalment-sale-agreement