South Africa Case Law

Tengizak CC v National Credit Regulator (A369/2018)

Tengizak CC v National Credit Regulator (A369/2018) [2020] ZAGPPHC 599 (28 September 2020)

Court

North Gauteng High Court, Pretoria

Case number

A369/2018

Judges

Basson, Meyer, Fourie

The court held that the pick-up/delivery fee charged by the appellant was optional and not a mandatory cost of credit under the National Credit Act. The consumer was given a choice to accept or decline the service, and no obligation was imposed to pay the fee. The Tribunal erred in finding that the appellant engaged in prohibited conduct by charging such fees. The appeal was upheld, and the Tribunal's order regarding pick-up/delivery fees was set aside. The appellant was entitled to its costs as it was substantially successful.

Source excerpt

• National Credit Act
• Reckless Credit
• Prohibited Fees
• Appeal Procedure

National Credit Regulator v Mortgage Secured Finance (Pty) Ltd and Others (NCT 84832/2017/140(1))

National Credit Regulator v Mortgage Secured Finance (Pty) Ltd and Others (NCT 84832/2017/140(1)) [2019] ZANCT 41 (5 April 2019)

Court

National Consumer Tribunal

Case number

NCT 84832/2017/140(1)

Judges

T Bailey, J Simpson, F Manamela

The Tribunal found reckless lending, prohibited fees, and disclosure failures by a credit provider, set aside the complainants’ loan obligations, and ordered bond cancellation.

• Reckless Lending
• Prohibited Fees
• Affordability Assessment
• Credit Agreement Disclosure
• Unregistered Credit Provider
• Credit Repair Services

National Credit Regulator v Mr Price Group Limited (NCT/81672/2017/140(1))

National Credit Regulator v Mr Price Group Limited (NCT/81672/2017/140(1)) [2018] ZANCT 140 (10 December 2018)

Court

National Consumer Tribunal

Case number

NCT/81672/2017/140(1)

Judges

P A Beck, FK Manamela, A Potwana

The Tribunal found that the club fee offered by Mr Price Group Limited to Milady's customers is an optional charge for a separate club membership service, not a mandatory cost of credit. Documentary evidence showed that consumers could elect whether or not to join the club, and the fee could be cancelled at any time without affecting the underlying credit agreement. The Act provides a closed list of permissible charges under section 101, but the club fee does not fall within these categories. However, because the fee is not required as a condition of the credit agreement and is not imposed on…

Source excerpt

• National Credit Act
• Prohibited Fees
• Cost Of Credit
• Club Membership Fees

Mortgage Secured Finance (Pty) Ltd v National Credit Regulator (NCT/88262/2017/56(1))

Mortgage Secured Finance (Pty) Ltd v National Credit Regulator (NCT/88262/2017/56(1)) [2018] ZANCT 123 (20 September 2018)

Court

National Consumer Tribunal

Case number

NCT/88262/2017/56(1)

Judges

D Terblanche, K Moodaliyar, T Bailey

The Tribunal confirmed a compliance notice against a credit provider for charging prohibited fees under the National Credit Act and ordered refunds and auditing.

• National Credit Act
• Compliance Notice Review
• Prohibited Fees
• Credit Provider Liability
• Audit And Refund
• National-credit-act

National Credit Regulator v Edcon Holdings Limited (NCT/35378/2015/140(1))

National Credit Regulator v Edcon Holdings Limited (NCT/35378/2015/140(1)) [2017] ZANCT 58 (24 April 2017)

Court

National Consumer Tribunal

Case number

NCT/35378/2015/140(1)

Judges

J Simpson, FK Manamela, H Devraj

The Tribunal held that Edcon’s club fee could not be included in its credit agreements because the NCA permits only prescribed credit charges.

• National Credit Act
• Cost Of Credit
• Prohibited Fees
• Credit Agreement Compliance
• Consumer Protection
• National-credit-act