South Africa Case Law

Councillor D.M Pitso (Mayor of Ramotshere Moiloa Municipality) and Another v Councillor L P Letshufi Speaker of Ramotshere Moiloa Local Municipality and Others (2495/2025)

Councillor D.M Pitso (Mayor of Ramotshere Moiloa Municipality) and Another v Councillor L P Letshufi Speaker of Ramotshere Moiloa Local Municipality and Others (2495/2025) [2025] ZANWHC 148 (11 August 2025)

Court

North West High Court, Mafikeng

Case number

2495/2025

Judge

Malane

The High Court dismissed a specific performance claim after finding that an acknowledgment of debt was a credit agreement under the NCA and the applicant was unregistered.

• National Credit Act
• Credit Provider Registration
• Specific Performance
• Acknowledgment Of Debt
• In Duplum Rule
• National-credit-act

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

SB Guarantee Company (RF) Proprietary Limited v Tayob (2023-114200)

SB Guarantee Company (RF) Proprietary Limited v Tayob (2023-114200) [2025] ZAGPPHC 596 (5 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023-114200

Judge

Bam

The court found that the particulars of claim, when read as a whole and including the annexed home loan agreement, sufficiently allege that the bank is a registered credit provider. The plaintiff's claim is based on the indemnity agreement, which is not a credit agreement under the National Credit Act and does not require the plaintiff to be registered as a credit provider. The defendant's exception, premised on the alleged failure to plead registration, is not well founded. The authorities relied upon by the defendant are distinguishable, as they concern situations where the plaintiff was re…

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• National Credit Act
• Exception Procedure
• Indemnity Agreement
• Mortgage Bond
• Credit Provider Registration

National Credit Regulator v F en H Cronje Finansiele Dienste (NCT/183247/2021/57(1))

National Credit Regulator v F en H Cronje Finansiele Dienste (NCT/183247/2021/57(1)) [2025] ZANCT 16 (16 April 2025)

Court

National Consumer Tribunal

Case number

NCT/183247/2021/57(1)

Judges

MC Peenze, A Potwana, N Maseti

The Tribunal confirmed a settlement agreement between the NCR and a credit provider as a consent order, with no costs order made.

• National Credit Act
• Reckless Lending
• Affordability Assessment
• Credit Provider Registration
• Consent Order
• National-credit-act

National Credit Regulator v Prestige Cash Loans (Pty) Ltd (NCT/257509/2023/57(1))

National Credit Regulator v Prestige Cash Loans (Pty) Ltd (NCT/257509/2023/57(1)) [2025] ZANCT 20 (15 April 2025)

Court

National Consumer Tribunal

Case number

NCT/257509/2023/57(1)

Judges

A Potwana, M Peenze, N Maseti

The Tribunal found that the respondent admitted to contravening multiple provisions of the National Credit Act and related regulations, including operating an unregistered branch, charging excessive interest, and failing to conduct proper affordability assessments. The parties entered into a settlement agreement in which the respondent acknowledged prohibited conduct, agreed to close the unregistered branch, appoint an independent auditor, and pay an administrative fine. The Tribunal held that the application for a consent order was competent and that confirming the settlement agreement as a…

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• National Credit Act
• Prohibited Conduct
• Administrative Fine
• Settlement Agreement
• Credit Provider Registration
• Affordability Assessment

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…

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

Lasertek Payment Solutions (Pty) Limited v Electronic Connect (Pty) Limited (2023/093414)

Lasertek Payment Solutions (Pty) Limited v Electronic Connect (Pty) Limited (2023/093414) [2025] ZAGPJHC 243; [2025] 2 All SA 474 (GJ) (4 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/093414

Judge

Allen AJ

The court found that the applicant was not registered as a credit provider with the National Credit Regulator at the time the loan agreement was entered into, despite being required to do so under section 40(1) of the National Credit Act, as the principal debt exceeded the prescribed threshold. The court held that the parties were not dealing at arm's length, given the structure of the agreements, the involvement of third parties, and the lack of independence between the applicant and respondent. The court concluded that the loan agreement and related clauses in the September agreement were u…

Source excerpt

• National Credit Act
• Credit Provider Registration
• Arm S Length Transaction
• Unlawful Agreement
• Interest Calculation
• In Duplum Rule

National Credit Regulator v Botshabelo Cash Loans CC (NCT/321451/2024/57(1))

National Credit Regulator v Botshabelo Cash Loans CC (NCT/321451/2024/57(1)) [2024] ZANCT 48 (3 October 2024)

Court

National Consumer Tribunal

Case number

NCT/321451/2024/57(1)

Judges

C Sassman, S Hockey, MC Peenze

The Tribunal found repeated National Credit Act breaches by the respondent, cancelled its credit provider registration, and imposed a R50,000 administrative fine.

• National Credit Act
• Reckless Lending
• Interest Rate Regulation
• Affordability Assessment
• Administrative Fine
• Credit Provider Registration

National Credit Regulator v Ncedumzantsi Business Solutions CC (NCT/223374/2022/57(1))

National Credit Regulator v Ncedumzantsi Business Solutions CC (NCT/223374/2022/57(1)) [2024] ZANCT 34 (10 September 2024)

Court

National Consumer Tribunal

Case number

NCT/223374/2022/57(1)

Judges

Z Ntuli, MC Peenze, S Mbhele

The Tribunal found repeated NCA contraventions by a credit provider, declared the agreements reckless, ordered refunds and cancellation of registration, and refused an administrative fine.

• National Credit Act
• Reckless Lending
• Affordability Assessment
• Prohibited Conduct
• Administrative Fine
• Credit Provider Registration

National Credit Regulator v Thuso Ya Potlako Trading and Projects (Pty) Ltd (NCT/318853/2024/57(1))

National Credit Regulator v Thuso Ya Potlako Trading and Projects (Pty) Ltd (NCT/318853/2024/57(1)) [2024] ZANCT 19 (21 July 2024)

Court

National Consumer Tribunal

Case number

NCT/318853/2024/57(1)

Judges

N Maseti, Z Ntuli, MC Peenze

The Tribunal cancelled a credit provider’s registration, found multiple NCA breaches, declared the sampled loans reckless, and imposed a R100,000 fine.

• National Credit Act
• Reckless Lending
• Affordability Assessment
• Prohibited Conduct
• Administrative Penalty
• Credit Provider Registration