South Africa Case Law

National Credit Regulator v National Consumer Tribunal and Another (A289/2021; A288/2021; A104\2019)

National Credit Regulator v National Consumer Tribunal and Another (A289/2021; A288/2021; A104\2019) [2023] ZAGPPHC 24 (20 January 2023)

Court

North Gauteng High Court, Pretoria

Case number

A289/2021; A288/2021; A104\2019

Judges

Malungana, Millar, Moshoana

The majority held that vehicle financiers did not contravene sections 100, 101, and 102 of the National Credit Act by financing 'on the road' fees, as these fees are imposed by dealers and form part of the purchase price negotiated between the dealer and consumer. The financiers merely finance the principal debt, which includes the purchase price and any extras, and do not themselves charge or impose monetary liability for the disputed fees. The court found that the NCA does not prohibit the financing of such amounts at the consumer's request, and that the statutory provisions must be interpr…

Source excerpt

• National Credit Act
• Prohibited Charges
• Cost Of Credit
• Statutory Interpretation
• Consumer Protection
• Compliance Notices

National Credit Regulator v Bestvest 180 CC t/a SOMCA Cash Loans (NCT/168224/2020/57(1))

National Credit Regulator v Bestvest 180 CC t/a SOMCA Cash Loans (NCT/168224/2020/57(1)) [2021] ZANCT 12 (3 June 2021)

Court

National Consumer Tribunal

Case number

NCT/168224/2020/57(1)

Judges

H Alwar, T Woker, B Dumisa

The Tribunal found repeated National Credit Act breaches by the respondent, cancelled its credit-provider registration, imposed a fine, and ordered audits and refunds.

• National Credit Act
• Reckless Credit
• Affordability Assessment
• Administrative Fine
• Credit Provider Registration
• Prohibited Charges

National Credit Regulator v Amazulwini Consulting CC t/a Amazulwini Credit Provider (NCT/133925/2019/140(1))

National Credit Regulator v Amazulwini Consulting CC t/a Amazulwini Credit Provider (NCT/133925/2019/140(1)) [2019] ZANCT 147 (9 September 2019)

Court

National Consumer Tribunal

Case number

NCT/133925/2019/140(1)

Judges

H Devraj, T Bailey, P Beck

The Tribunal postponed a consumer-credit enforcement matter sine die, allowing the respondent 15 business days to file a condonation application and answering affidavit.

• National Credit Act
• Reckless Lending
• Affordability Assessment
• Prohibited Charges
• Condonation Application
• National-credit-act

National Credit Regulator v King Side Trading CC t/a Easy Cash (NCT/112959/2018/140(1))

National Credit Regulator v King Side Trading CC t/a Easy Cash (NCT/112959/2018/140(1)) [2019] ZANCT 15 (27 February 2019)

Court

National Consumer Tribunal

Case number

NCT/112959/2018/140(1)

Judges

H Devraj, L Best, F Manamela

The Tribunal found repeated National Credit Act breaches by a credit provider, imposed a R200,000 fine, ordered an interdict, and directed refunds and an audit.

• National Credit Act
• Reckless Credit
• Affordability Assessment
• Administrative Fine
• Prohibited Charges
• National-credit-act

National Credit Regulator v Sinako Kontant Lenings cc (NCT/8273/2013/57(1))

National Credit Regulator v Sinako Kontant Lenings cc (NCT/8273/2013/57(1)) [2013] ZANCT 58 (11 September 2013)

Court

National Consumer Tribunal

Case number

NCT/8273/2013/57(1)

Judges

F Manamela, L Best, J Maseko

The Tribunal found that the Respondent had admitted to repeated contraventions of the National Credit Act, its regulations, and its conditions of registration, specifically by requiring consumers to sign unlawful supplementary agreements, charging service fees and interest rates above prescribed limits, and failing to comply with General Condition A1. The Tribunal confirmed the settlement agreement as a consent order under section 138(1) and Rule 20, declared the Respondent's conduct prohibited, and cancelled its registration as a credit provider with immediate effect. The Tribunal held that…

Source excerpt

• National Credit Act
• Credit Provider Registration
• Prohibited Charges
• Unlawful Credit Agreements
• Consent Orders
• Consumer Protection