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Debt & Credit

NCA

National Credit Act

The 2005 statute that governs all consumer credit in South Africa. Codifies affordability assessments, plain-language disclosure, debt review, the in duplum rule, and reckless-credit relief.

The National Credit Act (Act 34 of 2005) is the main consumer-credit law in South Africa. It applies to almost every credit agreement — bonds, vehicle finance, personal loans, credit cards, store accounts, and microfinance — and is administered by the National Credit Regulator (NCR).

The NCA’s affordability rule requires lenders to assess a consumer’s ability to repay before extending credit; lending without that assessment is reckless credit, which a court can set aside. The Act also caps interest rates by product, requires plain-language disclosure (the pre-agreement quote), and codifies the in duplum rule — interest, fees, and collection costs cannot exceed the unpaid principal.

When a consumer can’t service their debts, the NCA’s debt-review process (under section 86) lets a registered debt counsellor restructure repayments through a magistrate’s court order, with creditors barred from legal action while the plan is in force. Debt review is more flexible than sequestration but stays on a credit record until the rearrangement is paid off.

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