QUESTION 1
1. A major overhaul of previous credit legislation was essential. This was also necessary because
low-income consumers relied increasingly on commercial credit and many were becoming
swamped with debt.
Case: National Credit Regulator v Standard Bank of South Africa Ltd & Another 2011 (5) SA
142 (CC)
Paragraph(s): Paragraph 35
2. For just as the Act seeks to protect consumers, so too does it seek to promote a competitive,
sustainable, efficient and effective credit industry.
Case: Sebola v Standard Bank of South Africa Ltd and Others 2012 (5) SA 142 (CC)
Paragraph(s): Paragraph 51
3. It is universally accepted that money lending transactions are susceptible to abuse mainly
because borrowers are usually in a much weaker position than lenders. Moneylenders can
therefore easily exploit this vulnerability of the borrower, and some have been guilty of serious
impropriety so frequently as to give rise to considerable concern.
Case: Venter v South African Reserve Bank 2011 (3) SA 441 (CC)
Paragraph(s): Paragraph 23
4. The Sebola v Standard Bank of South Africa Ltd and Others 2012 (5) SA 142 (CC) case was
cited with approval.
Case: Sebola v Standard Bank of South Africa Ltd and Others 2012 (5) SA 142 (CC)
Paragraph(s): Paragraph 55