South Africa Case Law

National Credit Regulator v Mosadi 19 Trading Enterprise (Pty) Ltd (NCT/223369/2022/57(1))

National Credit Regulator v Mosadi 19 Trading Enterprise (Pty) Ltd (NCT/223369/2022/57(1)) [2022] ZANCT 29 (17 June 2022)

Court

National Consumer Tribunal

Case number

NCT/223369/2022/57(1)

Judges

T Bailey, J Simpson, N Sephoti

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, charging excessive interest and costs, including unlawful provisions in credit agreements, failing to provide pre-agreement statements and quotations, and not submitting required financial and operational returns. The respondent's conduct constituted prohibited conduct under section 150(a) of the Act. The Tribunal held that these egregious contraventions justified the cancellation of the respondent's…

Source excerpt

• Reckless Credit
• Affordability Assessment
• Excessive Interest
• Unlawful Contract Terms
• Registration Cancellation
• Administrative Fine

National Credit Regulator v Veloz Cash Loans (Pty) Ltd (NCT/214107/2022/57(1))

National Credit Regulator v Veloz Cash Loans (Pty) Ltd (NCT/214107/2022/57(1)) [2022] ZANCT 17 (12 March 2022)

Court

National Consumer Tribunal

Case number

NCT/214107/2022/57(1)

Judges

P A Beck, M Peenze, F Sibanda

The Tribunal found Veloz Cash Loans repeatedly breached the National Credit Act by reckless lending, overcharging, unlawful terms, and missing returns.

• National Credit Act
• Reckless Lending
• Affordability Assessment
• Administrative Fine
• Unlawful Contract Terms
• Statutory Reporting

National Credit Regulator v Gauteng Motors CC (NCT/78954/2017/140(1))

National Credit Regulator v Gauteng Motors CC (NCT/78954/2017/140(1)) [2018] ZANCT 13 (25 March 2018)

Court

National Consumer Tribunal

Case number

NCT/78954/2017/140(1)

Judges

F Manamela, J Simpson, M Nkomo

The Tribunal found Gauteng Motors CC engaged in prohibited conduct under the National Credit Act and imposed an R800,000 administrative fine.

• National Credit Act
• Reckless Lending
• Credit Provider Registration
• Unlawful Contract Terms
• Debt Enforcement Procedures
• Administrative Penalty

National Credit Regulator v Pole Position Trading 205 CC (NCT/85013/2017/57(1))

National Credit Regulator v Pole Position Trading 205 CC (NCT/85013/2017/57(1)) [2017] ZANCT 114 (12 October 2017)

Court

National Consumer Tribunal

Case number

NCT/85013/2017/57(1)

Judges

J Simpson, M Nkomo, H Devraj

The Tribunal found repeated breaches of the National Credit Act, cancelled the credit provider’s registration, imposed a R50,000 fine, and ordered consumer refunds.

• National Credit Act
• Reckless Lending
• Affordability Assessment
• Unlawful Contract Terms
• Administrative Fine
• National-credit-act

National Credit Regulator v Self Discovery Cash and Marketing CC (NCT/71714/2016/140(1))

National Credit Regulator v Self Discovery Cash and Marketing CC (NCT/71714/2016/140(1)) [2017] ZANCT 148 (23 February 2017)

Court

National Consumer Tribunal

Case number

NCT/71714/2016/140(1)

Judges

T Waker, A Potwana, X May

The Tribunal found repeated National Credit Act contraventions by the respondent, cancelled its credit-provider registration, imposed a R100,000 fine, and ordered a consumer refund audit.

• National Credit Act
• Affordability Assessment
• Unlawful Contract Terms
• Interest Rate Regulation
• Debt Enforcement
• Administrative Penalty

Absa Bank Limited v Myburgh (31827/2007)

Absa Bank Limited v Myburgh (31827/2007) [2007] ZAGPHC 366 (7 November 2007)

Court

High Courts - Gauteng

Case number

31827/2007

Judge

Bertelsmann

The High Court held that a consumer credit enforcement claim should not proceed there where the Magistrate’s Court has concurrent jurisdiction, and transferred the matter.

• National Credit Act
• Jurisdiction
• Default Judgment
• Credit Agreements
• Unlawful Contract Terms
• National-credit-act