Only credit providers of a certain size must register with the National Credit Regulator. Credit providers who have less than 100 agreements in their book or whose total outstanding credit agreements does not exceed 500 000 do not have to register. However the requirement not to register does not exempt such entities from the application of the Act. If a company is required to register and they do not register, all credit agreements they enter into can be declared unlawful.
In Townships a “Mashonisa” is usually an individual that gives small loans to people in the community. Most of the time, they do not have to register with the National Credit Regulator because of their small size but they are still required to comply with the law. In such cases the consumer must ensure that they are charged legal interest rates and fees and that illegal collection methods such as the retention on ID Books, pin codes and bank cards are not used.”
Under the NCA, the maximum amount of interest, based on the current repo rate, that a credit provider or “Mashonisa” can charge on an unsecured loan is 31% per year. For short term credit agreements the permitted interest rate is at 5% per month. This is for amounts less than R8000 and a term not longer than six months. This equals a rate of 60% per year.
The NDMA advises consumers to shop around and get different quotes as not all lenders charge the maximum amount of interest allowed under the Act. It is also advisable that consumers request a quote to see the cost and other terms and conditions of the loan.
Consumers who need more information can call the NDMA Responsible Credit Helpline on 086 111 6362 or SMS “Soul City” at 44238. The SMS is R1.50.