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South Africa decisions
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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.
National Credit Regulator v Abrahams (NCT/132322/2019/57(1)) [2020] ZANCT 5 (26 February 2020)
The Tribunal found repeated National Credit Act breaches by a debt counsellor, cancelled his registration, ordered audits and refunds, and imposed a R250,000 fine.
Bornman v National Credit Regulator (798/12) [2013] ZASCA 130; [2014] 2 All SA 14 (SCA); 2014 (3) SA 384 (SCA) (26 September 2013)
The SCA upheld cancellation of a debt counsellor’s registration and ordered refund of unlawful fees deducted from consumers under debt review.
National Credit Regulator v Bornman and Others (NCT/656/2010/57(1)(a)( c) (P)) [2010] ZANCT 14 (30 November 2010)
The Tribunal found that the first respondent repeatedly contravened the National Credit Act and his conditions of registration by failing to follow prescribed debt review procedures, making unauthorised deductions from consumer payments, and failing to keep adequate records. The explanation that the 10% fee was a retainer for legal fees was rejected, as documentation and conduct indicated it was a collection commission, which is prohibited. The Tribunal held that the first respondent's independence was compromised and that he could not lawfully charge both debt counselling and attorney fees f…
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