South Africa Case Law

Uys N O and Others v National Credit Regulator and Another (869/2023)

Uys N O and Others v National Credit Regulator and Another (869/2023) [2025] ZASCA 34; [2025] 3 All SA 71 (SCA) (1 April 2025)

Court

Supreme Court of Appeal

Case number

869/2023

Judges

Mokgohloa, Weiner, Kathree-Setiloane, Musi, Windell

The Supreme Court of Appeal found that the impugned transactions did not constitute credit agreements as defined by section 8(1)(b) read with section 8(4)(f) of the National Credit Act. The agreements were genuine sale and leaseback transactions, with the properties transferred to the Trust and the sellers retaining an option to repurchase. There was no evidence of a legal obligation to repay the purchase price, nor any disguised intention to simulate a loan agreement. The Regulator failed to provide confirmatory evidence or oral testimony to support its allegations of simulation. The Trust's…

Source excerpt

• National Credit Act
• Simulated Transactions
• Credit Agreements Definition
• Sale And Leaseback
• Reckless Credit
• Registration Of Credit Providers

National Credit Regulator v Renene t/a Kwa-Whity and Another (NCT/321461/2024/140(1))

National Credit Regulator v Renene t/a Kwa-Whity and Another (NCT/321461/2024/140(1)) [2024] ZANCT 71 (5 December 2024)

Court

National Consumer Tribunal

Case number

NCT/321461/2024/140(1)

Judges

S Hockey, Z Ntuli, P Manzi-Ntshingila

The Tribunal found two Kwa-Whity operators conducted unregistered credit business, retained consumer cards and IDs, and imposed repayment, compliance and fines.

• National Credit Act
• Unlawful Credit Agreements
• Prohibited Conduct
• Administrative Fine
• Consumer Protection
• Registration Of Credit Providers

National Credit Regulator v Quattro Pawn (Pty) Ltd (NCT/128390/2019/140(1))

National Credit Regulator v Quattro Pawn (Pty) Ltd (NCT/128390/2019/140(1)) [2019] ZANCT 152 (15 September 2019)

Court

National Consumer Tribunal

Case number

NCT/128390/2019/140(1)

Judges

T Woker, B Dumisa, L Best

The Tribunal found Quattro Pawn’s vehicle sale-and-leaseback scheme was really secured credit, declared the agreements reckless, and barred further credit activity.

• Simulated Transactions
• Reckless Lending
• Registration Of Credit Providers
• Affordability Assessment
• Prohibited Conduct
• Administrative Fine

National Credit Regulator v Kutshiyele (NCT/19294/2014/141(1)NCA)

National Credit Regulator v Kutshiyele (NCT/19294/2014/141(1)NCA) [2015] ZANCT 46 (15 December 2015)

Court

National Consumer Tribunal

Case number

NCT/19294/2014/141(1)NCA

Judges

N Sephoti, F Manamela, P Beck

The Tribunal found that the respondent repeatedly breached the National Credit Act, including by failing affordability checks, using unlawful terms, and retaining bank cards and IDs.

• National Credit Act
• Reckless Credit Granting
• Prohibited Conduct
• Administrative Fine
• Consumer Protection
• Registration Of Credit Providers

Black v Stroberg (8960/12)

Black v Stroberg (8960/12) [2013] ZAKZPHC 16 (15 April 2013)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

8960/12

Judge

Lopes

The court held that a deferred-payment arrangement arising from a sale was an incidental credit agreement, so the applicant did not need credit-provider registration.

• National Credit Act
• Incidental Credit Agreement
• Registration Of Credit Providers
• Enrichment Action
• Contract Enforcement
• National-credit-act