This blog is co-authored by Zubenathi Ndlwana and Brigitte Eloff (Candidate Attorneys)

In April 2025, the Supreme Court of Appeal (SCA) highlighted the importance of credit providers being registered before concluding credit agreements and advertising credit.

The appellant, a pawn broking business, gave short-term loans to consumers and in return retained possession of their movable

This blog is co-authored by Neshalia Nayagar, trainee associate.

On 21 February 2025, the Supreme Court of Appeal (SCA) held that the sale and lease transactions did not constitute credit agreements under the National Credit Act (NCA) and were not disguised or simulated agreements which were concluded on terms to avoid the provisions of the

This blog was co-authored by Boitumelo Phillips, Candidate Attorney.

In March 2025, the High Court found that an acknowledgment of debt signed by a financial adviser agreeing to pay an insurer clawed-back commission was not a credit agreement governed by the National Credit Act (NCA).

The respondent financial advisor, signed an acknowledgment of debt in

This blog is co-authored by Hannah Howell, candidate attorney.

In October 2024 the high court dismissed the defence of reckless lending contemplated in Section 81(2) of the National Credit Act, 2005 (the NCA) because the creditor under the indemnity was not a credit provider under the Act.

The applicant and the bank concluded a home

This blog was co-authored by Hannah Howell, Candidate Attorney.

The High Court handed down a judgment on 7 October 2024 which spotlighted that an instalment sale credit provider under the National Credit Act (NCA) must prove that the repossessed goods have been sold at the best reasonably obtainable price and may not just get summary

This judgment dealt with an application based upon a deed of suretyship and indemnity executed by the respondents in favour of the insured.  The deed of surety and indemnity had its genesis in a guarantee issued by the insurer to an airline in favour of Airports Company South Africa SOC Limited, the beneficiary. 

The insurer