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South Africa Case Law

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Banking And Finance [2024] ZANCT 32

Tereblanche v MQ Finance (Pty) Ltd ta Marquis Finance (NCT/313391/2024/141(1)(b))

Tereblanche v MQ Finance (Pty) Ltd ta Marquis Finance (NCT/313391/2024/141(1)(b)) [2024] ZANCT 32 (3 September 2024)

The Tribunal found reckless credit granting under the NCA, cancelled the vehicle finance agreement, and imposed a R100,000 administrative fine.

  • Reckless Credit Granting
  • Affordability Assessment
  • Administrative Fine
  • Consumer Protection
  • Credit Agreement Cancellation
  • Reckless-credit-granting
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Civil Procedure [2023] ZAGPJHC 736

Mphephu v Anooshkumar NO (56527/2021)

Mphephu v Anooshkumar NO (56527/2021) [2023] ZAGPJHC 736 (26 June 2023)

The High Court dismissed an application for leave to appeal, holding that none of the proposed grounds had reasonable prospects of success.

  • Leave To Appeal
  • Sale Agreement Cancellation
  • Reckless Credit Granting
  • Prescription
  • Admission Of Liability
  • Leave-to-appeal
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Banking And Finance [2023] ZANCT 19

National Credit Regulator v Blue Magnolia Trading 463 CC (NCT/257512/2023/57(1))

National Credit Regulator v Blue Magnolia Trading 463 CC (NCT/257512/2023/57(1)) [2023] ZANCT 19 (6 April 2023)

The Tribunal found repeated National Credit Act contraventions by the respondent, cancelled its credit-provider registration, and imposed a R500,000 fine.

  • Credit Provider Registration
  • Prohibited Conduct
  • Reckless Credit Granting
  • Administrative Fine
  • Affordability Assessment
  • Interest Rate Regulation
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Banking And Finance [2022] ZAGPJHC 949

Roopal N.O. v Tony (56527/2021)

Roopal N.O. v Tony (56527/2021) [2022] ZAGPJHC 949 (29 November 2022)

The High Court cancelled three VBS finance agreements, rejected defences based on credit-provider registration, reckless credit, prescription, and debt review, and ordered payment with costs.

  • Credit Agreements
  • National Credit Act
  • Reckless Credit Granting
  • Prescription
  • Debt Review
  • Summary Judgment
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Banking And Finance [2022] ZANCT 32

National Credit Regulator v Liang Cash Lons CC (NCT/223350/2022/57(1))

National Credit Regulator v Liang Cash Lons CC (NCT/223350/2022/57(1)) [2022] ZANCT 32 (10 June 2022)

The Tribunal cancelled Liang Cash Lons CC’s credit-provider registration, found repeated reckless lending and compliance failures, imposed a R200,000 fine, and ordered an auditor.

  • Reckless Credit Granting
  • Affordability Assessment
  • Administrative Fine
  • Credit Provider Registration
  • Statutory Compliance
  • Consumer Protection
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Banking And Finance [2021] ZAMPMHC 28

Capitec Bank Limited v Mahlangu and Another (A16 / 2020)

Capitec Bank Limited v Mahlangu and Another (A16 / 2020) [2021] ZAMPMHC 28 (25 October 2021)

The appeal was dismissed because the appellant failed to properly assess the first respondent's financial means and obligations, particularly by neglecting to obtain documentary proof of household income and failing to investigate the nature of the relationship and contributions within the household. The court held that the National Credit Act requires credit providers to take reasonable steps to assess both individual and household financial circumstances, and that the appellant's conduct amounted to reckless credit granting. The appellant's argument regarding the applicability of the Afford…

  • Reckless Credit Granting
  • National Credit Act
  • Affordability Assessment
  • Debt Review
  • Costs Award
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Banking And Finance [2021] ZANCT 28

National Credit Regulator v Pham Pham Money Lenders (Pty) Ltd Registration Number 2017/068656/07 (NCT/183525/2021/57(1))

National Credit Regulator v Pham Pham Money Lenders (Pty) Ltd Registration Number 2017/068656/07 (NCT/183525/2021/57(1)) [2021] ZANCT 28 (22 September 2021)

The Tribunal cancelled the respondent credit provider’s registration, found repeated NCA contraventions, and imposed a R100,000 fine plus consumer redress.

  • National Credit Act
  • Reckless Credit Granting
  • Affordability Assessment
  • Excessive Interest
  • Administrative Fine
  • Consumer Protection
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Banking And Finance [2021] ZANCT 29

National Credit Regulator v Credi Worx (Pty) Ltd (NCT/158468/2020/57(1))

National Credit Regulator v Credi Worx (Pty) Ltd (NCT/158468/2020/57(1)) [2021] ZANCT 29 (10 August 2021)

The Tribunal found that there was no evidence that the application documents were adequately served on the Respondent. The Applicant's attempts at service by registered mail and email did not meet the requirements of the Tribunal Rules, as there was no proof that the documents reached the Respondent. The Tribunal relied on the Constitutional Court's decision in Kubyana, which clarified that adequate service requires proof that the notice reached the consumer, not merely that it was sent. As a result, the Tribunal could not grant the default order sought by the Applicant.

  • National Credit Act
  • Default Order
  • Service Of Process
  • Affordability Assessment
  • Reckless Credit Granting
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Banking And Finance [2021] ZANCT 3

National Credit Regulator v Gendrie Verspreiders (Pty) Ltd (NCT/156562/2020/57(1))

National Credit Regulator v Gendrie Verspreiders (Pty) Ltd (NCT/156562/2020/57(1)) [2021] ZANCT 3 (16 March 2021)

The Tribunal found that the Respondent repeatedly contravened the National Credit Act and associated Regulations by failing to conduct proper affordability assessments, granting reckless credit, overcharging service fees and insurance premiums, and failing to notify the Applicant of its conversion to a private company. The evidence showed systemic disregard for statutory obligations, particularly towards vulnerable consumers. The Respondent's conduct was ongoing, serious, and unopposed. The Tribunal held that these contraventions justified cancellation of the Respondent's registration as a cr…

  • National Credit Act
  • Reckless Credit Granting
  • Affordability Assessment
  • Administrative Fine
  • Credit Provider Registration
  • Service Fee Overcharge
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Banking And Finance [2020] ZANCT 18

National Credit Regulator v Wang Sheng Clothing Trading CC t/a Carrefour Cash Loans (NCT/149000/2019/140(1))

National Credit Regulator v Wang Sheng Clothing Trading CC t/a Carrefour Cash Loans (NCT/149000/2019/140(1)) [2020] ZANCT 18 (16 September 2020)

The Tribunal found that the Respondent repeatedly contravened multiple provisions of the National Credit Act and associated regulations by failing to conduct proper affordability assessments, granting reckless credit, overcharging consumers on interest, initiation fees, service fees, and credit life insurance, and failing to provide pre-agreement statements and quotations in the prescribed form. The Respondent also failed to file required statistical and financial returns. The evidence presented by the Applicant was uncontested and demonstrated ongoing prohibited conduct. The Tribunal held th…

  • National Credit Act
  • Reckless Credit Granting
  • Affordability Assessment
  • Excessive Interest
  • Administrative Fine
  • Consumer Protection
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.