South Africa Case Law

Khumalo v RZT Zelpy 4300 (Pty) Ltd t/a Automax George and Another (NCT-328494-2024-75(1)(b))

Khumalo v RZT Zelpy 4300 (Pty) Ltd t/a Automax George and Another (NCT-328494-2024-75(1)(b)) [2025] ZANCT 34 (18 June 2025)

Court

National Consumer Tribunal

Case number

NCT-328494-2024-75(1)(b)

Judges

MC Peenze, A Potwana, CJ Ntsoane

The Tribunal found that the vehicle was sold with tyres that were significantly aged and defective, as confirmed by an expert report. The suppliers failed to disclose the tyres' condition, and reliance solely on a roadworthiness certificate was inadequate for CPA compliance. The defective tyre rendered the vehicle unsafe and unsuitable for its intended purpose, infringing the applicant's right to safe, good quality goods under section 55(2) of the CPA. The Tribunal held that a defective tyre is a serious defect, making the entire vehicle defective. However, the Tribunal interpreted section 56…

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• Consumer Protection Act
• Implied Warranty Of Quality
• Prohibited Conduct
• Defective Goods
• Refund Entitlement

National Consumer Commission v Econocom 357 (Pty) Ltd) t/a Leather Gallery (NCT/388029/2025/73(2)(b))

National Consumer Commission v Econocom 357 (Pty) Ltd) t/a Leather Gallery (NCT/388029/2025/73(2)(b)) [2025] ZANCT 37 (18 June 2025)

Court

National Consumer Tribunal

Case number

NCT/388029/2025/73(2)(b)

Judges

Z Ntuli, M Peenze, S Hockey

The Tribunal found a CPA contravention only in Van Heerden’s complaint, ordered a refund, and declined an administrative fine. Noise complaints were not material defects.

• Consumer Protection Act
• Prohibited Conduct
• Defective Goods
• Refund Order
• Material Defect
• Consumer-protection-act

National Consumer Commission v De Jager N.O and Another (NCT/376591/2025/73(2)(b))

National Consumer Commission v De Jager N.O and Another (NCT/376591/2025/73(2)(b)) [2025] ZANCT 36 (3 June 2025)

Court

National Consumer Tribunal

Case number

NCT/376591/2025/73(2)(b)

Judges

C Sassman, CJ Ntsoane, MC Peenze

The Tribunal found that the respondents, acting as trustees of the Shabach Trust trading as Droom Troue, intentionally misled consumers by advertising a competition that did not exist and requiring payment of undisclosed fees to claim a prize. The advertisements failed to disclose that participation was for a reality show, and the MOUs signed by complainants referred to them as winners of a competition. The Tribunal held that the respondents' conduct was unconscionable, misleading, and deceptive, contravening sections 4(5)(b) and 36(2)(a)(i) of the CPA. Although no promotional competition was…

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• Consumer Protection Act
• Misleading Advertising
• Prohibited Conduct
• Administrative Fine
• Refund Of Payments

Richards v Ellite Body Pannels (Pty) Ltd t/a Midrand Motorcycles and Another (NCT-360566-2024-75(1)(b))

Richards v Ellite Body Pannels (Pty) Ltd t/a Midrand Motorcycles and Another (NCT-360566-2024-75(1)(b)) [2025] ZANCT 35 (2 June 2025)

Court

National Consumer Tribunal

Case number

NCT-360566-2024-75(1)(b)

Judges

MC Peenze, C Sassman, CJ Ntsoane

The Tribunal found that the motorcycle was defective and unsafe at the time of sale, specifically due to a faulty starter and subsequent gearbox issues. The first respondent failed to disclose these defects and attempted to contract out of statutory liability through 'as is' and 'voetstoots' clauses, which are unlawful under the CPA. The respondent's refusal to refund the purchase price unconditionally and unauthorized repairs further contravened the applicant's rights. The Tribunal held that the applicant was entitled to a refund of the purchase price, and the respondent's conduct constitute…

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• Consumer Protection Act
• Implied Warranty Of Quality
• Voetstoots Clause
• Prohibited Conduct
• Refund Of Purchase Price

KwaZulu Natal Consumer Protector and Another v Wosiyane Cold Rooms CC and Another (KZNCT03/2025)

KwaZulu Natal Consumer Protector and Another v Wosiyane Cold Rooms CC and Another (KZNCT03/2025) [2025] ZANCT 28 (13 May 2025)

Court

National Consumer Tribunal

Case number

KZNCT03/2025

Judges

B. Dumisa, N. Cawe, S. Mbhele

The Tribunal found the respondents breached the Consumer Protection Act by failing to deliver a cold room and refund payment, and ordered cancellation, refund, interest, and a penalty.

• Consumer Protection Act
• Prohibited Conduct
• Refund Claim
• Contract Cancellation
• Administrative Penalty
• Consumer-protection

National Credit Regulator v JDG Trading (Pty) Ltd and Others (A3086/2019)

National Credit Regulator v JDG Trading (Pty) Ltd and Others (A3086/2019) [2025] ZAGPJHC 442 (7 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A3086/2019

Judges

S Mahomed, Khashane La M. Manamela

The court found that JDG Trading contravened section 106(2)(a) of the National Credit Act by selling bundled insurance to pensioners and disabled persons who could never benefit from disability or retrenchment cover. The insurance was unreasonable because these consumers were required to pay for cover that was meaningless to them, and JDG bore no risk of payout for these categories. The court rejected JDG's argument that low cost and group cover justified the practice, holding that fairness and reasonableness must be assessed in relation to the individual consumer's circumstances. The Tribuna…

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• Credit Life Insurance
• Unreasonable Contract Terms
• Consumer Protection
• Cross Subsidisation
• Prohibited Conduct
• Administrative Penalty Referral

National Credit Regulator v Xue Cheng (Pty) Ltd Trading as Golden Sun Cash Loans (NCT/266895/2023/140(1))

National Credit Regulator v Xue Cheng (Pty) Ltd Trading as Golden Sun Cash Loans (NCT/266895/2023/140(1)) [2025] ZANCT 17 (29 April 2025)

Court

National Consumer Tribunal

Case number

NCT/266895/2023/140(1)

Judge

A Potwana

The Tribunal confirmed a settlement agreement as a consent order after the respondent admitted National Credit Act contraventions, including reckless lending and excessive fees.

• National Credit Act
• Reckless Lending
• Prohibited Conduct
• Administrative Fine
• Settlement Agreement
• National-credit-act

National Credit Regulator v Prestige Cash Loans (Pty) Ltd (NCT/257509/2023/57(1))

National Credit Regulator v Prestige Cash Loans (Pty) Ltd (NCT/257509/2023/57(1)) [2025] ZANCT 20 (15 April 2025)

Court

National Consumer Tribunal

Case number

NCT/257509/2023/57(1)

Judges

A Potwana, M Peenze, N Maseti

The Tribunal found that the respondent admitted to contravening multiple provisions of the National Credit Act and related regulations, including operating an unregistered branch, charging excessive interest, and failing to conduct proper affordability assessments. The parties entered into a settlement agreement in which the respondent acknowledged prohibited conduct, agreed to close the unregistered branch, appoint an independent auditor, and pay an administrative fine. The Tribunal held that the application for a consent order was competent and that confirming the settlement agreement as a…

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• National Credit Act
• Prohibited Conduct
• Administrative Fine
• Settlement Agreement
• Credit Provider Registration
• Affordability Assessment

National Credit Regulator v Bridge Finance CC t/a Bridge Finance (NCT/320435/2024/140(1))

National Credit Regulator v Bridge Finance CC t/a Bridge Finance (NCT/320435/2024/140(1)) [2025] ZANCT 15 (15 April 2025)

Court

National Consumer Tribunal

Case number

NCT/320435/2024/140(1)

Judge

S Hockey

The National Consumer Tribunal confirmed a settlement agreement between the NCR and Bridge Finance CC as an order under section 138(1) of the National Credit Act.

• National Credit Act
• Consent Order
• Credit Provider Compliance
• Prohibited Conduct
• National-credit-act
• Consent-order

National Credit Regulator v Sizanani Cash Loans (Pty) Ltd (NCT/223359/2022/57(1))

National Credit Regulator v Sizanani Cash Loans (Pty) Ltd (NCT/223359/2022/57(1)) [2025] ZANCT 18 (4 April 2025)

Court

National Consumer Tribunal

Case number

NCT/223359/2022/57(1)

Judges

C Sassman, S Hockey, P Manzi-Ntshingila

The Tribunal confirmed a settlement agreement as a consent order, directed the payment reference number to be used, and made no cost order.

• National Credit Act
• Consent Order
• Administrative Fine
• Prohibited Conduct
• Consent-order
• National-credit-act