Credit Agreement Compliance & Vetting
Vetting credit contracts to ensure they do not contain prohibited terms and that all required disclosures are transparent, in line with the NCA's form and content requirements.
Practice Area
Consumer Law
Consumer law in South Africa is governed by the Consumer Protection Act (CPA) and the National Credit Act (NCA). We ensure that businesses remain compliant with these regulations and represent consumers in the enforcement of their statutory rights.
CPA & NCA
Regulated. Transparent. Enforceable.
Overview
Compliance-led, enforcement-ready
Consumer protection is a two-sided mandate: credit providers and retailers must structure their businesses to comply with the CPA and NCA; consumers have substantive rights that are enforceable before regulators and in the courts. We advise on both sides of that equation with commercial sensitivity and statutory precision.
Regulatory Compliance
Policies, contracts and credit-granting processes aligned with the statutory framework.
Tribunal Representation
Advocacy before the National Consumer Tribunal and Provincial Consumer Affairs Courts.
Enforcement of Rights
Assertion of the right to fair, reasonable and safe goods and services, including damages where warranted.
What we deliver
Consumer law advisory and litigation
From credit agreement vetting and responsible lending policies through to tribunal advocacy and product liability claims, our practice covers the full enforcement and compliance spectrum under the CPA and NCA.
Responsible Lending & Affordability
Advising credit providers on the implementation of affordability assessments before granting credit, to avoid claims of reckless lending under the NCA.
Credit Enforcement & Repossessions
Managing the issuance of Section 129 notices and the subsequent legal steps required before a creditor can approach the court for judgment on a credit agreement.
Product Liability & CPA Claims
Representation in matters regarding defective goods and services, including enforcement of the implied warranty of quality and damages for hazardous products.
Tribunal & Regulatory Advocacy
Representation before the National Consumer Tribunal (NCT) and Provincial Consumer Affairs Courts, handling regulatory probes and defending against prohibited-conduct allegations.
Consumer Contract Drafting
Preparation of CPA-compliant terms and conditions, warranty policies and promotional competition rules for retailers and service providers.
Need guidance?
Speak to a consumer law specialist about your matter.
Statutory framework
Anchored in the CPA and NCA
South African consumer law is a codified regime. Every matter we handle is grounded in the relevant statute, regulations and published guidance from the regulators.
Consumer Protection Act
The rights of the consumer, codified
The CPA codifies the core consumer rights: equality, privacy, fair value, safe goods and fair and honest dealing. We apply this framework to compliance audits and consumer claims alike.
- Right to safe, good-quality goods
- Implied warranty of quality and the six-month rule
- Plain-language and disclosure requirements
- Prohibited and unfair contract terms
National Credit Act
Responsible credit, rigorously enforced
The NCA regulates the entire credit lifecycle, from pre-agreement disclosures through enforcement and debt review. We advise registered credit providers and consumers under this regime.
- Credit provider registration and compliance audits
- Affordability assessments and reckless-lending defence
- Section 129 notices and enforcement procedure
- Debt review, reorganisation and consent orders
Protect your rights. Protect your business.
Let our consumer law team advise on your matter.
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