South Africa Case Law

National Credit Regulator v AI Wena Cash Loans (Pty) Ltd (NCT-266743-2023-140(1))

National Credit Regulator v AI Wena Cash Loans (Pty) Ltd (NCT-266743-2023-140(1)) [2023] ZANCT 45 (1 August 2023)

Court

National Consumer Tribunal

Case number

NCT-266743-2023-140(1)

Judges

P Manzi-Ntshingila, C Sassman, S Hockey

The Tribunal found repeated National Credit Act breaches by the respondent, declared prohibited conduct, ordered consumer refunds, an audit, reinstated-compliance interdiction, and a R25,000 fine.

• National Credit Act
• Reckless Lending
• Registration Of Credit Provider
• Affordability Assessment
• Prohibited Conduct
• Administrative Fine

Blacher v Josephson (A15/22)

Blacher v Josephson (A15/22) [2023] ZAWCHC 27; 2023 (3) SA 555 (WCC) (14 February 2023)

Court

Western Cape High Court, Cape Town

Case number

A15/22

Judges

Sher, Le Grange, Gamble

The court held that the arbitral award was based on a compromise agreement (third AOD) which itself derived from earlier unlawful credit agreements. The respondent was not registered as a credit provider as required by the National Credit Act, rendering the original agreements unlawful and invalid. The compromise did not transform the unlawful nature of the underlying agreements into something new and valid; it merely attempted to settle the contractual claims arising from those agreements. The award did not create a new, independent cause of action but rather reinforced the original, unlawfu…

Source excerpt

• National Credit Act
• Unlawful Credit Agreement
• Arbitration Award Enforcement
• Compromise Agreement
• Public Policy
• Registration Of Credit Provider

Maepi v Abrahams (43355/2015)

Maepi v Abrahams (43355/2015) [2017] ZAGPPHC 17 (30 January 2017)

Court

North Gauteng High Court, Pretoria

Case number

43355/2015

Judge

Molefe

The court found that the plaintiff had discharged the onus of proof, establishing on a balance of probabilities that a written loan agreement was concluded and R700,000 was paid to the defendant. However, as the total principal debt exceeded the statutory threshold and the plaintiff was not registered as a credit provider, the agreement was void under the National Credit Act. The plaintiff was entitled to claim under unjust enrichment, as the defendant was enriched and the plaintiff impoverished, and no evidence of turpitude was presented. The court rejected the defendant's version as improba…

Source excerpt

• Loan Agreement
• National Credit Act
• Unjust Enrichment
• Registration Of Credit Provider
• Par Delictum Rule

Janse van Vuren and Others v Chatwind and Another (81877/2014)

Janse van Vuren and Others v Chatwind and Another (81877/2014) [2015] ZAGPPHC 1059 (19 November 2015)

Court

North Gauteng High Court, Pretoria

Case number

81877/2014

Judge

Mali

The court held that an addendum deferring part of a property purchase price at the prime rate created a credit agreement, rendering the unregistered seller's contract void.

• National Credit Act
• Credit Agreement Voidness
• Registration Of Credit Provider
• Alienation Of Land Act
• National-credit-act
• Credit-agreements

Vesagie N.O. and Others v Erwee N.O. and Another (734/2013)

Vesagie N.O. and Others v Erwee N.O. and Another (734/2013) [2014] ZASCA 121 (19 September 2014)

Court

Supreme Court of Appeal

Case number

734/2013

Judges

Brand, Bosielo, Shongwe, Majiedt, Gorven

The Supreme Court of Appeal held that a share-sale agreement with deferred payments and interest was a credit transaction under the NCA and void ab initio.

• National Credit Act
• Credit Transaction
• Contract Interpretation
• Registration Of Credit Provider
• National-credit-act
• Credit-transaction

BMW Financial Services (South Africa) (Pty) Ltd v Khan (15924/2012)

BMW Financial Services (South Africa) (Pty) Ltd v Khan (15924/2012) [2012] ZAWCHC 357 (16 November 2012)

Court

Western Cape High Court, Cape Town

Case number

15924/2012

Judge

A.G. Binns-Ward

The High Court granted summary judgment for return of a BMW vehicle after finding compliance with the National Credit Act and no bona fide defence.

• National Credit Act
• Summary Judgment
• Credit Agreement Enforcement
• Notice In Terms Of Section 129
• Registration Of Credit Provider
• Summary-judgment