South Africa Case Law

National Credit Regulator v Mosadi 19 Trading Enterprise (Pty) Ltd (NCT/223369/2022/57(1))

National Credit Regulator v Mosadi 19 Trading Enterprise (Pty) Ltd (NCT/223369/2022/57(1)) [2022] ZANCT 29 (17 June 2022)

Court

National Consumer Tribunal

Case number

NCT/223369/2022/57(1)

Judges

T Bailey, J Simpson, N Sephoti

The Tribunal found that the respondent repeatedly contravened the National Credit Act and associated regulations by failing to conduct proper affordability assessments, granting reckless credit, charging excessive interest and costs, including unlawful provisions in credit agreements, failing to provide pre-agreement statements and quotations, and not submitting required financial and operational returns. The respondent's conduct constituted prohibited conduct under section 150(a) of the Act. The Tribunal held that these egregious contraventions justified the cancellation of the respondent's…

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• Reckless Credit
• Affordability Assessment
• Excessive Interest
• Unlawful Contract Terms
• Registration Cancellation
• Administrative Fine

National Credit Regulator v Pham Pham Money Lenders (Pty) Ltd Registration Number 2017/068656/07 (NCT/183525/2021/57(1))

National Credit Regulator v Pham Pham Money Lenders (Pty) Ltd Registration Number 2017/068656/07 (NCT/183525/2021/57(1)) [2021] ZANCT 28 (22 September 2021)

Court

National Consumer Tribunal

Case number

NCT/183525/2021/57(1)

Judges

MC Peenze, T Woker, K Moodaliyar

The Tribunal cancelled the respondent credit provider’s registration, found repeated NCA contraventions, and imposed a R100,000 fine plus consumer redress.

• National Credit Act
• Reckless Credit Granting
• Affordability Assessment
• Excessive Interest
• Administrative Fine
• Consumer Protection

NCR v Johann Voigt t/a cash loans (NCT/129036/2019 140(1) NCA)

NCR v Johann Voigt t/a cash loans (NCT/129036/2019 140(1) NCA) [2021] ZANCT 31 (12 September 2021)

Court

National Consumer Tribunal

Case number

NCT/129036/2019

Judges

T Woker, K Moodaliyar, T Bailey

The Tribunal found repeated National Credit Act contraventions by an unregistered credit provider, declared the conduct prohibited, and imposed a R100,000 fine.

• National Credit Act
• Affordability Assessment
• Unregistered Credit Provider
• Excessive Interest
• Administrative Fine
• National-credit-act

National Credit Regulator v Microloans Two Go (Pty) t/a Microloans 2 Go (NCT/158471/2020/57(1))

National Credit Regulator v Microloans Two Go (Pty) t/a Microloans 2 Go (NCT/158471/2020/57(1)) [2021] ZANCT 4 (15 April 2021)

Court

National Consumer Tribunal

Case number

NCT/158471/2020/57(1)

Judges

T Woker, B Dumisa, M Peenze

The Tribunal found, on a balance of probabilities, that the Respondent repeatedly contravened the National Credit Act by failing to conduct proper affordability assessments, charging interest in excess of prescribed limits, and failing to use the prescribed forms for small credit agreements. The evidence showed that credit bureau reports were accessed after loans were granted and that interest was calculated incorrectly, resulting in consumer overcharges. The Respondent's conduct constituted prohibited conduct under the NCA. Despite voluntary deregistration, the Tribunal held that remedial or…

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• National Credit Act
• Reckless Lending
• Affordability Assessment
• Excessive Interest
• Prescribed Forms
• Administrative Fine

National Credit Regulator v Wang Sheng Clothing Trading CC t/a Carrefour Cash Loans (NCT/149000/2019/140(1))

National Credit Regulator v Wang Sheng Clothing Trading CC t/a Carrefour Cash Loans (NCT/149000/2019/140(1)) [2020] ZANCT 18 (16 September 2020)

Court

National Consumer Tribunal

Case number

NCT/149000/2019/140(1)

Judges

P A Beck, T Woker, B Dumisa

The Tribunal found that the Respondent repeatedly contravened multiple provisions of the National Credit Act and associated regulations by failing to conduct proper affordability assessments, granting reckless credit, overcharging consumers on interest, initiation fees, service fees, and credit life insurance, and failing to provide pre-agreement statements and quotations in the prescribed form. The Respondent also failed to file required statistical and financial returns. The evidence presented by the Applicant was uncontested and demonstrated ongoing prohibited conduct. The Tribunal held th…

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• National Credit Act
• Reckless Credit Granting
• Affordability Assessment
• Excessive Interest
• Administrative Fine
• Consumer Protection

National Credit Regulator v Khazamola Cash Loan & Holdings (Pty) Ltd (NCT/128377/2019/57(1))

National Credit Regulator v Khazamola Cash Loan & Holdings (Pty) Ltd (NCT/128377/2019/57(1)) [2019] ZANCT 109 (22 July 2019)

Court

National Consumer Tribunal

Case number

NCT/128377/2019/57(1)

Judges

MC Peenze, L Best, T Bailey

Default judgment against a credit provider for reckless lending, excessive charges, and record-keeping failures. The Tribunal cancelled registration, fined the respondent, and ordered refunds.

• Reckless Lending
• Affordability Assessment
• Excessive Interest
• Record Keeping
• Administrative Fine
• Reckless-lending

National Credit Regulator v Aristoscan CC t/a JMK Cash Loans (NCT/128380/2019/140(1))

National Credit Regulator v Aristoscan CC t/a JMK Cash Loans (NCT/128380/2019/140(1)) [2019] ZANCT 103 (1 July 2019)

Court

National Consumer Tribunal

Case number

NCT/128380/2019/140(1)

Judges

M. Nkomo, P. Beck, M. Peenze

The Tribunal found that the Respondent repeatedly contravened the National Credit Act by extending credit while unregistered, failing to conduct affordability assessments, charging excessive interest rates, retaining consumer bank and SASSA cards and PINs as security, and failing to provide required pre-agreement disclosures and credit agreements in the prescribed format. The Respondent's conduct was ongoing and serious, affecting vulnerable consumers and resulting in financial loss and privacy violations. The Tribunal held that the requirements for a default judgment were met, as the Respond…

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• National Credit Act
• Prohibited Conduct
• Administrative Fine
• Affordability Assessment
• Unregistered Credit Provider
• Excessive Interest

National Credit Regulator v Hua Xiang Cash Loans CC (NCT/76166/2017/57(1))

National Credit Regulator v Hua Xiang Cash Loans CC (NCT/76166/2017/57(1)) [2017] ZANCT 94 (27 July 2017)

Court

National Consumer Tribunal

Case number

NCT/76166/2017/57(1)

Judges

L. Best, X. May, T. Woker

The Tribunal cancelled a credit provider’s registration, declared repeated contraventions of the National Credit Act prohibited, and ordered refunds plus a R1 million fine.

• Credit Provider Registration
• Reckless Lending
• Excessive Interest
• Administrative Penalty
• Consumer Refund
• National-credit-act

National Credit Regulator v Du Plessis t/a Eagle Cash Loans (NCT/40817/2016/57(1))

National Credit Regulator v Du Plessis t/a Eagle Cash Loans (NCT/40817/2016/57(1)) [2017] ZANCT 44 (1 February 2017)

Court

National Consumer Tribunal

Case number

NCT/40817/2016/57(1)

Judges

John Simpson, Penny Beck-Paxton, Fati Manamela

Default judgment cancelling a credit provider’s registration for repeated National Credit Act breaches, including reckless lending, excessive interest, and misuse of SASSA cards.

• National Credit Act
• Reckless Lending
• Affordability Assessment
• Excessive Interest
• Prohibited Conduct
• Administrative Fine

National Credit Regulator v Rufus Alfonso Financial Consultants CC (NCT/7963/2012/57(1)(NCA))

National Credit Regulator v Rufus Alfonso Financial Consultants CC (NCT/7963/2012/57(1)(NCA)) [2014] ZANCT 25 (16 May 2014)

Court

National Consumer Tribunal

Case number

NCT/7963/2012/57(1)(NCA)

Judges

PA Beck, F Manamela, Ll Best

The Tribunal imposed a R44,100 administrative fine on a credit provider for repeated National Credit Act contraventions, including excessive interest and non-cooperation.

• National Credit Act
• Administrative Fine
• Contravention Of Registration Conditions
• Excessive Interest
• Consumer Protection
• National-credit-act