The National Credit Act (NCA) was signed by the President on March 15, 2005 and governs the valuation, application and maintenance of credit credits granted by a credit provider to a consumer in the Republic of South Africa. This provision helps prevent credit providers from taking abbreviations by simply accepting apparently solvent debtors at face value. A lender can use its own valuation mechanisms, provided they are fair and objective. The consumer, on the other hand, must provide the requested information in a complete and truthful manner. Otherwise, the credit provider could fully defend the charge of granting reckless credits. 89 (5) Where a credit contract complies with another, despite other legislation or provisions, a credit contract is, in increments, illegal, a court must make a fair and equitable order, but is not limited to an order that –  the respondent makes in the insurance under oath with respect to the point of the limine. The applicant`s argument is based on an AoD in which the payment is deferred by 60 days from the date of the signing of the AoD, in accordance with Article 4 of the AoD, with an interest rate of 18% per year for the amounts concerned. These AoD terms therefore make the agreement a credit contract in accordance with Section 8, paragraph 4 of the NCA. In previous transactions, the applicant had an “advanced credit” to the respondent when payments were deferred and the remaining amounts payable were paid at an interest rate of 10% per month. While acknowledging that previous loans are no longer pending, the respondent argues that this shows that the applicant awarded credit contracts in excess of R500,000 and that the applicant actively and regularly advanced credits as provided in the NCA. The three transactions under the AoD, as well as interests, amounted to R1,790.05. These amounts do not even come from transactions.
The applicant should therefore have been registered as a lender in accordance with Section 40 of the NCA.