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South Africa decisions
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Sager v National Credit Regulator (NCT/318886/2024/59(1)) [2025] ZANCT 7 (21 February 2025)
The Tribunal held that NCR circulars limiting DHS editing access were administrative decisions under Chapter 2, not reviewable under section 59 of the NCA.
National Credit Regulator v Van Zyl and Another (NCT/295867/2023/57(1)) [2024] ZANCT 73 (3 August 2024)
The Tribunal found that the first respondent repeatedly contravened the National Credit Act, its regulations, and his conditions of registration as a debt counsellor. The evidence, which was deemed admitted due to the lack of opposition, established serious breaches including charging unlawful fees, failing to keep proper records, placing consumers under debt review without proper documentation, and receiving payments directly from consumers for distribution to creditors. These actions amounted to prohibited conduct under section 150(a) of the NCA. The Tribunal determined that the first respo…
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Standard Bank of South Africa v van Rooyen and Another (17785/2021) [2024] ZAWCHC 186 (21 June 2024)
The court found that the defendants are over-indebted as contemplated by section 79 of the National Credit Act, and that the procedural requirements for summary judgment, including service of the section 129 notice, were satisfied. However, given the defendants' consistent payment history, their intention to honour the debt, and the existence of significant equity in the property, the court exercised its discretion under section 85 to refer the matter to a debt counsellor for evaluation and recommendation. The court determined that further rescheduling of the debt may be possible and that pos…
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National Credit Regulator v Chetty (NCT/264621/2023/137(1)(d)) [2024] ZANCT 5 (8 March 2024)
The Tribunal declared a debt counsellor’s receipt and handling of consumer funds prohibited conduct under the National Credit Act and made no costs order.
National Credit Regulator v Volschenk (NCT/250957/2022/137(1)) [2023] ZANCT 36 (21 October 2023)
The Tribunal dismissed the NCR’s complaint against a former debt counsellor because the referral was filed outside the NCA’s three-year limitation period.
Magwentshu v Edwards (NCT/240891/2022/141(1)(b)) [2023] ZANCT 52 (25 August 2023)
The Tribunal ordered a debt counsellor to refund R7,000 and take steps to remove the applicant from debt review after finding she was misled into it without consent.
National Credit Regulator v Chetty (NCT/264621/2023/137(1)(d)) [2023] ZANCT 37 (27 June 2023)
The National Consumer Tribunal granted the National Credit Regulator leave to refer a complaint against a debt counsellor directly to the Tribunal.
Govender v Alexanderson (NCT/193156/2021/141(1)(b)) [2022] ZANCT 60 (4 November 2022)
The Tribunal found a debt counsellor engaged in prohibited conduct by failing to keep a consumer informed, delaying court referral, and charging legal fees upfront.
National Credit Regulator v Edwards (NCT/218082/2022/138(1)(b)) [2022] ZANCT 14 (29 March 2022)
The National Consumer Tribunal confirmed a settlement agreement as a consent order after the National Credit Regulator alleged debt counselling non-compliance by the respondent.
National Credit Regulator v MSR Financial Solutions (Pty) Ltd (NCT/214111/2022/140(1)) [2022] ZANCT 15 (24 March 2022)
The Tribunal found that MSR Financial Solutions operated as an unregistered debt counsellor, ADR agent, and payment distributor, and imposed a R50,000 fine.
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