National Credit Regulator v Lewis Stores (Pty) Ltd and Another (937/18) [2019] ZASCA 190 (13 December 2019)

National Credit Act 34 of 2005 (the NCA) – what constitutes reasonable suspicion for National Credit Regulator to initiate a complaint in terms of s 136 of the NCA – competence of National Consumer Tribunal (the Tribunal) to order the appointment of an independent auditor to assess extent of first respondent’s overcharging – appeal upheld – order of the Tribunal reinstated.

National Credit Act 34 of 2005 – section 141(1)(b) – power of
National Consumer Tribunal to grant leave to refer a complaint directly to it
when National Credit Regulator has issued a notice of non-referral – nature of
proceeding – section does not require formal application nor public hearing –
factors to be considered by Tribunal – Tribunal has wide discretion – decision
to grant leave to refer directly not appealable in terms of section 148(2)

Application for leave to appeal ─ section 17(2)(d) of the Superior Courts Act 10 of 2013 ─ leave to appeal against a decision of two judges sitting as court of first instance ─ referred for oral argument ─ order refusing leave to appeal by single judge ─ Court invoking inherent powers to consider the application ─ application dismissed with costs.

Section 148(2)(b) of the National Credit Act 34 of 2005 – jurisdictional factor of applicant’s participation in hearing before National Consumer Tribunal absent – High Court therefore had no jurisdiction to entertain the appeal – application for leave to appeal is struck off the roll

Appeal from adjudicator under the Community Schemes Ombud Service Act 9 of 2011 to the high court – two judges of the high court hearing appeal – nature of proceedings before the adjudicator and the high court – whether leave to appeal to this Court should have been sought from the high court in terms of s 16(1)(a) of the Superior Courts Act 10 of 2013 (the SC Act) or special leave to appeal from this Court in terms of s 16(1)(b) and 17(3) of the SC Act adjudicator performs an administrative function – high court sits as a court of first instance – special leave to appeal granted by this Court a nullity – no jurisdiction to hear the appeal.

National Credit Act, 34 of 2005 – interpretation – sections 40(1), 40(3), 76(3), 100(1)(c),100(1)(d)(ii) and 151 – obligation to register as credit provider – permissibility of advertising the availability of credit and concluding credit agreements prior to registration – permissible interest charges – power of National Credit Tribunal  in terms of the Act – to declare non-compliant credit agreements unlawful and void – to order refunds to consumers – to determine and impose administrative fines – nature of appeal from the tribunal to the high court in terms of s 148(2)(b) of the Act

National Credit Act (NCA) sections 100 (1),101(1) and 102 (1), interpretation thereof - effect of these provisions – on credit agreements - whether vehicle finance houses have charged consumers on the road fee in contravention of the provisions of the National Credit Act - financing of the on the road fee in credit agreements does not offend the provisions sections 100,101 and 102 of the NCA.