Credit Law

Credit Laws arise under regulations governing interest, finance charges, cash advances, charges for extensions of credit in excess of pre-established limits, late fees, and the like.

The National Credit Act 34 of 2005 intends:

to promote a fair and non-discriminatory marketplace for access to consumer credit and for that purpose to provide for the general regulation of consumer credit and improved standards of consumer information;

  • to promote black economic empowerment and ownership within the consumer credit industry
  • to prohibit certain unfair credit and credit-marketing practices
  • to promote responsible credit granting and use and for that purpose to prohibit reckless credit granting
  • to provide for debt re-organisation in cases of over-indebtedness
  • to regulate credit information
  • to provide for registration of credit bureaux, credit providers and debt counselling services
  • to establish national norms and standards relating to consumer credit
  • to promote a consistent enforcement framework relating to consumer credit
  • to establish the National Credit Regulator and the National Consumer Tribunal
  • to repeal the Usury Act, 1968, and the Credit Agreements Act, 1980; and
  • to provide for related incidental matters