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  • Article

    South Africa Newsletter - November Edition

    South Africa's diverse economy, strategic role in Africa and political history create a unique business and regulatory environment.
    GlobalStrategy
    Dentons
    Dentons
  • Article

    What Owning Up To Debt Means

    Mr A (debtor) and Mr B (creditor) enter into a credit agreement but Mr A defaults on his payments in terms of the agreement and he receives a letter of demand for immediate payment of the full amount outstanding.
    South AfricaConsumer Protection
    Garlicke & Bousfield Inc.
    Garlicke & Bousfield Inc.
  • Article

    Credit Information Amnesty

    At the end of September 2013, after months of debate and consultation, Cabinet announced its approval of the "credit information amnesty" proposals.
    South AfricaFinance and Banking
    KPMG, South Africa
    KPMG, South Africa
  • Article

    Is Buy Now, Pay Later On Borrowed Time?

    South Africa's buy-now-pay-later sector faces heightened regulatory scrutiny as the Reserve Bank flags potential household financial stress risks. As BNPL products blur the lines between payment innovation and consumer credit, the debate centers on whether current regulatory frameworks adequately address affordability assessments, bureau reporting, and consumer protection in this rapidly growing market.
    South AfricaFinance and Banking
    ENS
    ENS
  • Article

    Draft Amendments To The Affordability Assessment Regulations Under The National Credit Act

    On 13 August 2025, the Department of Trade, Industry and Competition published the draft National Credit Act Amendment Regulations in the Government Gazette, proposing amendments to various Regulations under the National Credit Act 34 of 2005 (NCA), including Regulations 18,19 and 23A.
    South AfricaConsumer Protection
    Webber Wentzel
    Webber Wentzel
  • Article

    Enhancing Consumer Identity Protections: New Amendments To The National Credit Act

    The Minister of Trade, Industry and Competition, Mr Mpho Parks Tau, has announced his intention to amend the regulations under the National Credit Act, 2005 (Act No. 34 of 2005).
    South AfricaFinance and Banking
    ENS
    ENS
  • Article

    Implications Of The Consumer Credit Act No. 7 Of 2016 In Swaziland

    Dentons would like to thank Henwood & Company in Swaziland for this month's contribution to the Africa section of the Dentons South Africa Newsletter.This article provides an overview of the implications...
    South AfricaConsumer Protection
    Dentons
    Dentons
  • Article

    Reviewing The Debt Review Process

    During 2010 the National Credit Regulator together with various stakeholders in the credit industry, appointed a task team particularly to investigate the debt review process and to consider and formulate proposals to address problems identified in the debt counselling process pursuant to that investigation.
    South AfricaConsumer Protection
    Routledge Modise
    Routledge Modise
  • Article

    The Place For Shadow Banking In The Economy

    A shadow bank is a non-bank entity that provides lending services similar to a traditional bank but does so outside the traditional regulatory environment.
    South AfricaFinance and Banking
    KPMG, South Africa
    KPMG, South Africa
  • Article

    Developments In The Role And Regulation Of Credit Rating Agencies

    The global financial crisis has brought about a shift in the regulation of credit rating agencies. In a step towards conforming with international efforts to regulate these bodies, South African legislators are seeking to introduce new law in the form of the current Credit Ratings Services Bill (published under Gazette No. 35022 of 7 February 2012) (the "Bill").
    South AfricaFinance and Banking
    ENS
    ENS
  • Article

    How To Ensure The Lawful Cancellation Of Credit Transactions

    The Free State Division of the High Court recently handed down judgment in the case of Mbombi and Another v BMW Financial Services SA (Pty) Ltd...
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Codes Of Conduct May Increase Costs

    The National Credit Regulator (NCR) has for some time expressed its concerns regarding the method used by credit providers to assess consumers' ability to afford credit (affordability assessments).
    South AfricaConsumer Protection
    Routledge Modise
    Routledge Modise
  • Article

    Will The Signing Of The National Credit Amendment Bill Into Law Be Somewhat Muted?

    What are we to expect from the Amendments to the National Credit Act 34 of 2005, will this negatively impact the banking industry and how will government look to implement the Amendments?
    South AfricaConsumer Protection
    Tabacks
    Tabacks
  • Article

    Cliffe Dekker Reviews the Implications of the National Credit Bill for Grantors of Credit

    Following in the footsteps of the Competition Act, the National Credit Bill is a new piece of legislation that aims to set up a similar regulatory framework and infrastructure to regulate the granting of credit to consumers.
    South AfricaFinance and Banking
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    SCA Confirms The High Court’s Concurrent Jurisdiction Over NCA Shortfall Claims

    The Supreme Court of Appeal has resolved a critical jurisdictional question affecting credit providers nationwide by clarifying whether the High Court retains authority to adjudicate shortfall claims after repossession and sale of goods under credit agreements.
    South AfricaLitigation, Mediation & Arbitration
    ENS
    ENS
  • Article

    Beware Of Instant Credit!

    The National Credit Act 34 of 2005 (the "Act") regulates the extension of credit in South Africa and aims to protect consumers against unscrupulous credit providers.
    South AfricaConsumer Protection
    SchoemanLaw Inc.
    SchoemanLaw Inc.
  • Article

    Credit Agreements And Collection Costs: Claiming Legal Fees

    A recent judgment in the Western Cape High Court deals with the limitation on collection costs that a debtor can be charged in terms of a credit agreement under the National Credit Act.
    South AfricaConsumer Protection
    Tabacks
    Tabacks
  • Article

    How Instalment Sale Agreements Could Provide A Creative Finance Solution For Deals Banks Turn Away

    The present economy is challenging due to a multitude of macro and micro economic factors at an international and local level. In an article published by Business Tech on 3 July 2019
    South AfricaFinance and Banking
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Telcos, Wallets And Regulation

    As telecommunications companies in Africa explore banking licences and payment platforms begin offering credit alongside debit services, the traditional boundaries separating banks from non-bank entities are dissolving. When does a mobile money platform cross the threshold into banking territory, and how should regulators respond when the customer journey becomes simpler but the underlying legal architecture grows more complex?
    South AfricaFinance and Banking
    ENS
    ENS
  • Article

    South Africa's Current Financial Regulatory Framework: Can We Bank On It?

    This has now become increasingly apparent but 10 years ago this was not the case.
    South AfricaFinance and Banking
    Tabacks
    Tabacks

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