South Africa Case Law

National Credit Regulator v Asalam Business Enterprise (Pty) Ltd and Another (NCT/74699/2017/140)

National Credit Regulator v Asalam Business Enterprise (Pty) Ltd and Another (NCT/74699/2017/140) [2017] ZANCT 126 (8 November 2017)

Court

National Consumer Tribunal

Case number

NCT/74699/2017/140

Judges

A Potwana, FK Manamela, H Devraj

The Tribunal found unregistered credit providers engaged in reckless lending, unlawful retention of consumer instruments, and excessive interest, then imposed penalties and repayment orders.

• National Credit Act
• Reckless Lending
• Unregistered Credit Provider
• Administrative Penalty
• Consumer Protection
• Prohibited Collection Practices

National Credit Regulator v Patmat General Trading CC (NCT/71775/201657(1))

National Credit Regulator v Patmat General Trading CC (NCT/71775/201657(1)) [2017] ZANCT 59 (27 April 2017)

Court

National Consumer Tribunal

Case number

NCT/71775/2016/57(1)

Judges

J.M. Maseko, B. Dumisa, X. May

The Tribunal found that the Applicant had proven, on a default basis, that the Respondent repeatedly contravened several provisions of the National Credit Act, including failing to conduct affordability assessments, engaging in reckless lending, entering into unlawful credit agreements, failing to keep proper records, charging excessive interest, and employing prohibited collection practices. The Respondent did not defend itself or attend the hearing. The Tribunal held that these repeated contraventions constituted prohibited conduct under the Act and warranted cancellation of the Respondent'…

Source excerpt

• National Credit Act
• Reckless Lending
• Unlawful Credit Agreements
• Administrative Fine
• Prohibited Collection Practices

National Credit Regulator v Hirst (NCT/22133/2015/57(1))

National Credit Regulator v Hirst (NCT/22133/2015/57(1)) [2015] ZANCT 18 (29 October 2015)

Court

National Consumer Tribunal

Case number

NCT/18888/2014/57(1)

Judges

D Terblanche, L Best, N Sephoti

The Tribunal found multiple National Credit Act breaches by the respondent, declared the conduct prohibited, and imposed a R500,000 administrative fine.

• Reckless Credit
• Affordability Assessment
• Negative Option Marketing
• Prohibited Collection Practices
• Prescribed Form Of Agreement
• Premature Enforcement

National Credit Regulator v Mega Financial Services (NCT/18888/2014//57(1))

National Credit Regulator v Mega Financial Services (NCT/18888/2014//57(1)) [2015] ZANCT 42 (29 October 2015)

Court

National Consumer Tribunal

Case number

NCT/18888/2014//57(1)

Judges

D Terblanche, L Best, N Sephoti

The Tribunal found multiple National Credit Act breaches by a credit provider and declared the conduct prohibited, imposing a R500,000 administrative fine.

• National Credit Act
• Reckless Credit
• Negative Option Marketing
• Prohibited Collection Practices
• Form Of Credit Agreements
• Premature Enforcement