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South Africa Case Law

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Banking And Finance [2024] ZANCT 40

National Credit Regulator v Cash It (Pty) Ltd (NCT/260378/2023/140(1))

National Credit Regulator v Cash It (Pty) Ltd (NCT/260378/2023/140(1)) [2024] ZANCT 40 (28 October 2024)

The Tribunal dismissed an unopposed application to confirm a settlement as a consent order, finding parts of the agreement unenforceable under the National Credit Act.

  • National Credit Act
  • Unregistered Credit Provider
  • Consent Order
  • Prohibited Conduct
  • Settlement Agreement
  • Administrative Fine
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Banking And Finance [2021] ZANCT 31

NCR v Johann Voigt t/a cash loans (NCT/129036/2019 140(1) NCA)

NCR v Johann Voigt t/a cash loans (NCT/129036/2019 140(1) NCA) [2021] ZANCT 31 (12 September 2021)

The Tribunal found repeated National Credit Act contraventions by an unregistered credit provider, declared the conduct prohibited, and imposed a R100,000 fine.

  • National Credit Act
  • Affordability Assessment
  • Unregistered Credit Provider
  • Excessive Interest
  • Administrative Fine
  • National-credit-act
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Banking And Finance [2021] ZANCT 30

National Credit Regulator v Hand in Hand Financial Services CC trading as Thuso Finance (NCT/158511/2020/140(1))

National Credit Regulator v Hand in Hand Financial Services CC trading as Thuso Finance (NCT/158511/2020/140(1)) [2021] ZANCT 30 (31 August 2021)

The Tribunal granted default relief against an unregistered credit provider, declared repeated NCA breaches and reckless agreements, and imposed a R200,000 fine.

  • National Credit Act
  • Reckless Lending
  • Unregistered Credit Provider
  • Affordability Assessment
  • Overcharging Interest
  • Administrative Fine
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Banking And Finance [2019] ZANCT 103

National Credit Regulator v Aristoscan CC t/a JMK Cash Loans (NCT/128380/2019/140(1))

National Credit Regulator v Aristoscan CC t/a JMK Cash Loans (NCT/128380/2019/140(1)) [2019] ZANCT 103 (1 July 2019)

The Tribunal found that the Respondent repeatedly contravened the National Credit Act by extending credit while unregistered, failing to conduct affordability assessments, charging excessive interest rates, retaining consumer bank and SASSA cards and PINs as security, and failing to provide required pre-agreement disclosures and credit agreements in the prescribed format. The Respondent's conduct was ongoing and serious, affecting vulnerable consumers and resulting in financial loss and privacy violations. The Tribunal held that the requirements for a default judgment were met, as the Respond…

  • National Credit Act
  • Prohibited Conduct
  • Administrative Fine
  • Affordability Assessment
  • Unregistered Credit Provider
  • Excessive Interest
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Banking And Finance [2019] ZANCT 41

National Credit Regulator v Mortgage Secured Finance (Pty) Ltd and Others (NCT 84832/2017/140(1))

National Credit Regulator v Mortgage Secured Finance (Pty) Ltd and Others (NCT 84832/2017/140(1)) [2019] ZANCT 41 (5 April 2019)

The Tribunal found reckless lending, prohibited fees, and disclosure failures by a credit provider, set aside the complainants’ loan obligations, and ordered bond cancellation.

  • Reckless Lending
  • Prohibited Fees
  • Affordability Assessment
  • Credit Agreement Disclosure
  • Unregistered Credit Provider
  • Credit Repair Services
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Banking And Finance [2018] ZANCT 86

National Credit Regulator v Hartney and Another (NCT/104573/2018/140(1))

National Credit Regulator v Hartney and Another (NCT/104573/2018/140(1)) [2018] ZANCT 86 (20 July 2018)

Default judgment for the NCR: the Tribunal found the respondents repeatedly contravened the National Credit Act and imposed a R100,000 fine.

  • Unregistered Credit Provider
  • Reckless Credit Agreement
  • Affordability Assessment
  • Administrative Fine
  • Sassa Card Abuse
  • Unregistered-credit-provider
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Banking And Finance [2017] ZANCT 126

National Credit Regulator v Asalam Business Enterprise (Pty) Ltd and Another (NCT/74699/2017/140)

National Credit Regulator v Asalam Business Enterprise (Pty) Ltd and Another (NCT/74699/2017/140) [2017] ZANCT 126 (8 November 2017)

The Tribunal found unregistered credit providers engaged in reckless lending, unlawful retention of consumer instruments, and excessive interest, then imposed penalties and repayment orders.

  • National Credit Act
  • Reckless Lending
  • Unregistered Credit Provider
  • Administrative Penalty
  • Consumer Protection
  • Prohibited Collection Practices
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Banking And Finance [2016] ZANCT 46

National Credit Regulator v Nthatiso (NCT/38746/2016/140(1))

National Credit Regulator v Nthatiso (NCT/38746/2016/140(1)) [2016] ZANCT 46 (7 December 2016)

The Tribunal dismissed the NCR’s application against an alleged unregistered credit provider, finding the evidence insufficient to prove the alleged NCA contraventions.

  • National Credit Act
  • Reckless Credit Granting
  • Affordability Assessment
  • Unregistered Credit Provider
  • Default Judgment
  • National-credit-act
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Banking And Finance [2014] ZANCT 46

National Credit Regulator v Christin Borman T/A Star Pawn Shop (NCT/8613/2013/57(1))

National Credit Regulator v Christin Borman T/A Star Pawn Shop (NCT/8613/2013/57(1)) [2014] ZANCT 46 (8 December 2014)

The Tribunal found an unregistered pawn broker engaged in prohibited conduct under the National Credit Act, ordered consumer refunds, and declined an administrative penalty.

  • National Credit Act
  • Unregistered Credit Provider
  • Prohibited Conduct
  • Administrative Penalty
  • Interest Rate Regulation
  • Consumer Refunds
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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.