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South Africa decisions
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NCR v Zahid Adams t/a SA Credit Solutions (Pty) Ltd (NCT/116600/2018/57(1)) [2021] ZANCT 32 (14 August 2021)
The Tribunal cancelled a debt counsellor’s registration for repeated National Credit Act breaches, ordered refunds and audits, and imposed a R350,000 fine.
National Credit Regulator v Megalane t/a GM Financial Services (NCT/8312/2013/57(1)(P)) [2014] ZANCT 12 (14 April 2014)
The Tribunal found that the Respondent repeatedly contravened the National Credit Act, its regulations, and the conditions of his registration as a debt counsellor. The Respondent failed to keep required records, did not notify credit providers, fraudulently claimed to have referred matters to the Magistrate's Court, received and failed to distribute consumer funds, and abandoned his practice without notification. The Respondent did not respond to the application or appear at the hearing, and all allegations were deemed admitted. The Tribunal concluded that the Respondent's conduct justified…
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National Credit Regulator v Nsibande (NCT/3915/2012/57(1)(P)NCA) [2013] ZANCT 3 (18 January 2013)
The Tribunal found, on uncontested evidence, that the Respondent repeatedly contravened both general and specific conditions of her registration as a debt counsellor, including receiving and failing to distribute consumer funds, overcharging application fees, failing to comply with statutory timeframes, and leaving her practice in the hands of an unregistered person. These actions constituted repeated contraventions of the National Credit Act and her registration conditions. The Tribunal held that such conduct is prohibited under section 150(a) of the Act and justified cancellation of registr…
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