South Africa Case Law

Information Technology Consultants (Pty) Ltd t/a Intecon and Others v National Credit Regulator and Others (22556/2017)

Information Technology Consultants (Pty) Ltd t/a Intecon and Others v National Credit Regulator and Others (22556/2017) [2019] ZAGPPHC 1005 (20 November 2019)

Court

North Gauteng High Court, Pretoria

Case number

22556/2017

Judge

Kooverjie

The High Court dismissed Intecon’s declaratory application as premature, holding that the National Credit Tribunal process should run first.

• National Credit Act Interpretation
• Supplementary Agreements
• Internal Remedies Exhaustion
• Jurisdiction Of Tribunal
• Promissory Notes
• Service Fees Regulation

National Credit Regulator v Pandero Investments 503 CC t/a Iwita Finance (NCT/113131/2018/57(1))

National Credit Regulator v Pandero Investments 503 CC t/a Iwita Finance (NCT/113131/2018/57(1)) [2019] ZANCT 50 (11 March 2019)

Court

National Consumer Tribunal

Case number

NCT/113131/2018/57(1)

Judges

T Woker, J Simpson, B Dumisa

The Tribunal found the credit provider engaged in reckless lending and induced supplementary agreements that increased service fees beyond statutory limits.

• National Credit Act
• Reckless Lending
• Affordability Assessment
• Service Fee Regulation
• Supplementary Agreements
• National-credit-act

National Credit Regulator v Pandero Investments 503 CC t/a Iwita Finance (NCT/113131/2018/57(1))

National Credit Regulator v Pandero Investments 503 CC t/a Iwita Finance (NCT/113131/2018/57(1)) [2019] ZANCT 36 (20 February 2019)

Court

National Consumer Tribunal

Case number

NCT/113131/2018/57(1)

Judges

T Woker, J Simpson, B Dumisa

The Tribunal found that the Respondent repeatedly contravened the National Credit Act by failing to conduct proper affordability assessments, maintain supporting documentation, and inducing consumers to enter into supplementary agreements resulting in excessive service fees. The investigation and referral process was lawful and valid, as the NCR had a reasonable basis for initiating the investigation and was not limited to the original complaint. The evidence established that the Respondent engaged in reckless lending and breached statutory limits on service fees. While cancellation of regist…

Source excerpt

• National Credit Act
• Reckless Lending
• Affordability Assessment
• Supplementary Agreements
• Administrative Fine