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ARTICLE · 29 OCTOBER 2020

When Does The National Credit Act Apply To A Transaction?

The National Credit Act No. 34 of 2005 ("the NCA" or "Act") has had a significant impact on transactions involving deferred payment and interest in South Africa.

South AfricaConsumer Protection

The Test for NCA Applicability

The National Credit Act No. 34 of 2005 ("the NCA" or "Act") has had a significant impact on transactions involving deferred payment and interest in South Africa.

However, it has almost become trite law to refer to the interpretive challenges that arise out of the poor drafting, while at the same time praising it's good intentions. See, for example, Nedbank Ltd and Others v The National Credit Regulator and Another (662/2009, 500/2010) [2011] ZASCA 35 (28 March 2011) at 2.

The purpose of this article is to give a broad understanding of when the NCA applies to a transaction.

The applicability of the Act to a transaction can have far-reaching consequences as the NCA is extensive in its consumer protection. It places many obligations and restrictions on the credit provider whose transaction is subject to the Act and conversely provides many benefits to the consumer in such a transaction.

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