South Africa Case Law

Loan Company (Pty) Ltd v National Credit Regulator and Another (1104/2023)

Loan Company (Pty) Ltd v National Credit Regulator and Another (1104/2023) [2025] ZASCA 40; 2025 (4) SA 501 (SCA) (8 April 2025)

Court

Supreme Court of Appeal

Case number

1104/2023

Judges

Mokgohloa, Keightley, Coppin, Phatshoane, Vally

The Supreme Court of Appeal found that the Loan Company repeatedly contravened the National Credit Act by entering into credit agreements and advertising credit prior to registration as a credit provider. The company's reliance on section 42(3)(a) was misplaced, as its application for registration had lapsed and all sample transactions occurred before registration was granted. The Tribunal correctly found that the company unlawfully charged a flat 5% interest rate irrespective of loan duration, contrary to statutory requirements that interest be calculated based on the actual period. The Trib…

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• National Credit Act
• Credit Provider Registration
• Administrative Penalty
• Interest Calculation
• Pawn Transactions
• Consumer Refunds

Andzanimikula Trading (Pty) Ltd v TCI-TISO RF (Pty) Ltd (2021/17889)

Andzanimikula Trading (Pty) Ltd v TCI-TISO RF (Pty) Ltd (2021/17889) [2025] ZAGPJHC 655 (17 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2021/17889

Judge

Dippenaar

The High Court held that the defendant could not deduct a 5% penalty under clause 8.1; the clause provided for interest only. Judgment went to the plaintiff.

• Contractual Interpretation
• Unjust Enrichment
• Condictio Sine Causa
• Penalty Clause
• Interest Calculation
• Contractual-interpretation

Lasertek Payment Solutions (Pty) Limited v Electronic Connect (Pty) Limited (2023/093414)

Lasertek Payment Solutions (Pty) Limited v Electronic Connect (Pty) Limited (2023/093414) [2025] ZAGPJHC 243; [2025] 2 All SA 474 (GJ) (4 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/093414

Judge

Allen AJ

The court found that the applicant was not registered as a credit provider with the National Credit Regulator at the time the loan agreement was entered into, despite being required to do so under section 40(1) of the National Credit Act, as the principal debt exceeded the prescribed threshold. The court held that the parties were not dealing at arm's length, given the structure of the agreements, the involvement of third parties, and the lack of independence between the applicant and respondent. The court concluded that the loan agreement and related clauses in the September agreement were u…

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• National Credit Act
• Credit Provider Registration
• Arm S Length Transaction
• Unlawful Agreement
• Interest Calculation
• In Duplum Rule

De Beer N.O and Others v Ghulam and Another (4217/2022)

De Beer N.O and Others v Ghulam and Another (4217/2022) [2024] ZAECMKHC 127 (26 November 2024)

Court

Eastern Cape High Court, Makhanda

Case number

4217/2022

Judge

L Rusi

The court found that the sale agreements were incidental credit agreements, not requiring registration as a credit provider under the National Credit Act. The Trust's cancellation of the agreements was lawful, and the settlement agreement was not void for misrepresentation. However, there is a material dispute of fact regarding whether the first respondent has paid more than 50% of the purchase price for 33 B[...] Street, which affects both the eviction application and the counter-application for transfer. The interests of justice, equity, and fairness require that the eviction application be…

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• Prevention Of Illegal Eviction Act
• Alienation Of Land Act
• National Credit Act
• Eviction Proceedings
• Contractual Novation
• Interest Calculation

Merchant Commercial Finance 1 (Pty) Ltd t/a Merchant Factors v Valoworx 33 CC and Others (16399/2023)

Merchant Commercial Finance 1 (Pty) Ltd t/a Merchant Factors v Valoworx 33 CC and Others (16399/2023) [2024] ZAWCHC 377 (19 November 2024)

Court

Western Cape High Court, Cape Town

Case number

16399/2023

Judge

Van Den Berg, AJ

High Court granted a monetary order on a settlement debt, limited by the in duplum rule, and awarded party-and-party costs after rejecting a belated authority challenge.

• Suretyship Liability
• Settlement Agreement
• In Duplum Rule
• Interest Calculation
• Certificate Of Balance
• Suretyship-liability

Deevia v Grobler (28602/2024)

Deevia v Grobler (28602/2024) [2024] ZAGPPHC 1082 (25 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

28602/2024

Judge

Nharmuravate

The court found that the respondent's two payments in 2020 and 2021, both referenced as 'loan repayment', objectively constituted an acknowledgement of debt, thereby interrupting prescription under section 14(1) of the Prescription Act. The applicant instituted proceedings within three years of the last payment, so the claim had not prescribed. The agreement was between the applicant and respondent personally, not the company, and the respondent failed to prove that repayment was subject to the business making a profit or that the applicant should have sued the company. The National Credit Ac…

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• Loan Agreement
• Prescription Act
• Acknowledgement Of Debt
• National Credit Act
• Interest Calculation

Le Feuvre v Standard Bank of South Africa Limited and Others (2018/12442)

Le Feuvre v Standard Bank of South Africa Limited and Others (2018/12442) [2024] ZAGPJHC 978 (2 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2018/12442

Judge

Adams

The applicant failed to prove that he paid all amounts overdue as required by section 129(3)(a) of the National Credit Act prior to the sale in execution. The evidence, including payment schedules and account histories, demonstrated that the account remained in arrears and the credit agreement was never reinstated. Consequently, the sale in execution and subsequent transfer were lawful. However, Standard Bank received R316,958.52 from the sale proceeds for municipal rates and taxes, which, according to the conditions of sale, should have been paid by the purchaser and not deducted from the ap…

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• National Credit Act
• Reinstatement Of Credit Agreement
• Sale In Execution
• Unjust Enrichment
• Interest Calculation
• Default Judgment

Davidson v Trustees of Macedon Body Corporate N.O and Others (2022/061232)

Davidson v Trustees of Macedon Body Corporate N.O and Others (2022/061232) [2024] ZAGPJHC 846 (30 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/061232

Judges

A P Den Hartog, L Windell

The High Court granted condonation, upheld an appeal against a CSOS adjudication order, set the order aside, and referred the matter back for fresh adjudication.

• Community Schemes Ombud Service Act
• Condonation
• Adjudication Procedure
• Dispute Of Fact
• Interest Calculation
• Scope Of Relief

Bank of Taiwan Incorporated in Republic of China v LI Feng Textiles (Pty) Ltd and Others (20011/2022)

Bank of Taiwan Incorporated in Republic of China v LI Feng Textiles (Pty) Ltd and Others (20011/2022) [2023] ZAGPJHC 1414 (6 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

20011/2022

Judge

S. Van Nieuwenhuizen

The High Court dismissed leave to appeal against a default judgment, holding the judgment was not appealable and that the respondents’ remedy lay in rescission.

• Default Judgment
• Condonation
• Leave To Appeal
• Certificate Of Balance
• Suspensive Condition
• Interest Calculation

Engen Petroleum Limited v Scheepers and Others (2020/708)

Engen Petroleum Limited v Scheepers and Others (2020/708) [2023] ZAGPJHC 291 (3 April 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2020/708

Judge

A Friedman

Engen succeeded on suretyship claims for unpaid fuel debts. The court rejected authority, factual, constitutional, and strike-out defences, and awarded costs.

• Suretyship
• Certificate Of Balance
• Liquidation
• Interest Calculation
• Strike Out Application
• Certificate-of-balance