ArticleSouth Africa Newsletter - November EditionSouth Africa's diverse economy, strategic role in Africa and political history create a unique business and regulatory environment.GlobalStrategyDentons
ArticleWhat Owning Up To Debt MeansMr 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 ProtectionGarlicke & Bousfield Inc.
ArticleCredit Information AmnestyAt the end of September 2013, after months of debate and consultation, Cabinet announced its approval of the "credit information amnesty" proposals.South AfricaFinance and BankingKPMG, South Africa
ArticleIs 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 BankingENS
ArticleDraft Amendments To The Affordability Assessment Regulations Under The National Credit ActOn 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 ProtectionWebber Wentzel
ArticleEnhancing Consumer Identity Protections: New Amendments To The National Credit ActThe 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 BankingENS
ArticleImplications Of The Consumer Credit Act No. 7 Of 2016 In SwazilandDentons 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 ProtectionDentons
ArticleReviewing The Debt Review ProcessDuring 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 ProtectionRoutledge Modise
ArticleThe Place For Shadow Banking In The EconomyA 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 BankingKPMG, South Africa
ArticleDevelopments In The Role And Regulation Of Credit Rating AgenciesThe 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 BankingENS
ArticleHow To Ensure The Lawful Cancellation Of Credit TransactionsThe 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 & ArbitrationENS
ArticleCodes Of Conduct May Increase CostsThe 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 ProtectionRoutledge Modise
ArticleWill 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 ProtectionTabacks
ArticleCliffe Dekker Reviews the Implications of the National Credit Bill for Grantors of CreditFollowing 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 BankingCliffe Dekker Hofmeyr
ArticleSCA Confirms The High Court’s Concurrent Jurisdiction Over NCA Shortfall ClaimsThe 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 & ArbitrationENS
ArticleBeware 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 ProtectionSchoemanLaw Inc.
ArticleCredit Agreements And Collection Costs: Claiming Legal FeesA 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 ProtectionTabacks
ArticleHow Instalment Sale Agreements Could Provide A Creative Finance Solution For Deals Banks Turn AwayThe 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 2019South AfricaFinance and BankingCliffe Dekker Hofmeyr
ArticleTelcos, Wallets And RegulationAs 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 BankingENS
ArticleSouth 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 BankingTabacks