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South Africa decisions
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Molepo v African Bank Limited (NCT/282044/2023/141(1)(b)) [2024] ZANCT 30 (15 September 2024)
The Tribunal dismissed a reckless-credit complaint against African Bank, finding the lender properly assessed affordability, credit history, and disclosed credit costs.
Standard Bank of South Africa v van Rooyen and Another (17785/2021) [2024] ZAWCHC 186 (21 June 2024)
The court found that the defendants are over-indebted as contemplated by section 79 of the National Credit Act, and that the procedural requirements for summary judgment, including service of the section 129 notice, were satisfied. However, given the defendants' consistent payment history, their intention to honour the debt, and the existence of significant equity in the property, the court exercised its discretion under section 85 to refer the matter to a debt counsellor for evaluation and recommendation. The court determined that further rescheduling of the debt may be possible and that pos…
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Speek v Nedbank Limited (NCT/247394/2022/141(1)(b)) [2023] ZANCT 55 (4 December 2023)
The Tribunal dismissed a reckless-lending complaint, finding Nedbank conducted a proper affordability assessment and did not grant credit recklessly.
Rooplal N.O. v Pelesa (22424/2019) [2023] ZAGPPHC 1 (10 January 2023)
The High Court enforced two VBS credit agreements, rejecting defences of lack of spousal consent, reckless lending, over-indebtedness, and factual dispute.
Gumede v ABSA Bank Limited (25426/21) [2022] ZAGPJHC 301 (9 May 2022)
The High Court refused leave to appeal, finding no conflicting judgments and no basis to revisit the earlier order for return of vehicles.
Janse van Vuuren v Roets and Others, Nel v Roets and Others (37407/2018) [2019] ZAGPPHC 428 (3 September 2019)
The Full Court held that the High Court does not have jurisdiction as a court of first instance to terminate debt review under the National Credit Act. The statutory scheme provides specific remedies for consumers seeking release from debt review, notably section 71, which prescribes the procedure for termination after a rearrangement order. Where no rearrangement order exists, the consumer may present further facts to the magistrate under section 87. The concepts of over-indebtedness and debt review are statutory creations, and the courts' powers are strictly delineated by the Act. Any anoma…
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Swuhana v National Credit Regulator and Another (15121/2018) [2019] ZAGPPHC 379 (8 August 2019)
Leave to appeal was refused after the court found no reasonable prospect of success in an urgent interdict dispute over deregistration as a debt counsellor.
Agattu Trading 191 (Pty) Ltd v C.M and Another (A68/2018) [2019] ZAGPPHC 175 (24 May 2019)
The appeal succeeded because the credit provider had conducted a proper credit assessment, including consideration of the consumer's assets and the reasonable prospect of obtaining a long-term loan or selling the property to settle the debt. The consumer failed to plead and prove over-indebtedness as required by the National Credit Act. The magistrate's finding that the loan was reckless was incorrect, as the evidence showed that the property was adequately valued and considered in the assessment. The renewal agreement was not reckless but provided the consumer with an opportunity to settle t…
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Ludick v First National Bank, A Division of Firstrand Bank Limited (NCT/112239/2018/141(1)(b)) [2019] ZANCT 28 (27 February 2019)
The Tribunal granted leave to refer a reckless-lending complaint against FNB, finding the applicant had substantial grounds and reasonable prospects of success.
VKB Landbou (Pty) Ltd v Van Deventer (6115/2017) [2018] ZAFSHC 116 (5 July 2018)
The High Court upheld VKB Landbou’s claim, rejected defences of reckless credit and over-indebtedness, and confirmed enforcement of the security agreements.
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