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Capper v Wasserman (18 July 2025) (068622/2024) [2025] ZAGPPHC 742 (18 July 2025)
The High Court held that a R1 million loan between close family-like parties was not an arm’s length credit agreement under the National Credit Act.
Heydenrych v Forsyth (A5015/2019) [2022] ZAGPJHC 391 (31 May 2022)
The court found that the appellant and respondent were brothers-in-law with a close familial and emotional relationship spanning 35 years. The evidence showed that the appellant was dependent on the respondent, and the respondent did not seek to obtain the utmost advantage from the transaction. The loan agreement was not concluded at arm's length, falling within the exceptions provided by section 4(2)(b)(iii) of the National Credit Act. Consequently, the NCA did not apply, and the respondent was not required to register as a credit provider. The appellant's explanation for the delay in prosec…
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