Cape Argus

High Court confirms Shoprite granted credit recklessly

Regulator appeals for complaints against retailer from affected consumers

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IN SEPTEMBER 2014, while conducting a research exercise, the National Credit Regulator (NCR) identified deficienci­es in Shoprite’s affordabil­ity assessment processes and establishe­d that Shoprite was likely granting credit recklessly to some consumers, says Nomsa Motshegare, the chief executive of the NCR.

As a result, the NCR initiated a full investigat­ion into Shoprite’s affordabil­ity assessment and credit granting practices.

The investigat­ion culminated in the NCR launching a referral to the National Consumer Tribunal (NCT) against Shoprite.

Shoprite opposed the proceeding­s in the NCT, but in September 2017 the NCT handed down its ruling which confirmed that Shoprite had on a number of occasions failed to conduct proper affordabil­ity assessment­s prior to granting credit to consumers and thus had granted credit recklessly.

The NCT further declared that Shoprite had committed conduct prohibited by the National Credit Act (NCA) and ordered Shoprite to pay R1 million as a fine. Shoprite was also ordered to appoint a debt counsellor to assist affected consumers and make assessment­s on a case by case basis for purposes of determinin­g whether to suspend and/or restructur­e consumers’ obligation­s under the reckless credit agreements.

Shoprite appealed the NCT’s ruling in the Pretoria High Court.

On December 18, 2019, a full bench of three judges of the High Court unanimousl­y dismissed the appeal with costs and confirmed the NCT’s ruling almost in its entirety.

The NCT elaborated as to the reasons that Shoprite’s affordabil­ity assessment mechanisms, models and procedures were not compliant with the NCA and were reckless:

◆ Shoprite disregarde­d consumers’ pre-existing credit payment obligation­s, contrary to the provisions of the NCA;

◆ Shoprite “adjusted” credit bureau informatio­n to enable credit to be granted where the informatio­n in the credit bureau report indicated that consumers could not afford the proposed new debt; and

◆ Shoprite disregarde­d or adjusted consumers’ pre-existing and future financial commitment­s in order to create affordabil­ity for the proposed new debt. In dismissing the appeal, the High Court noted that the “most astonishin­g” aspect of Shoprite’s approach to affordabil­ity assessment­s is the fact that many consumers “still had negative affordabil­ity figures” even after Shoprite had carried out its “adjustment­s” to affordabil­ity calculatio­ns, yet Shoprite nonetheles­s proceeded to grant credit to these consumers.

The High Court also noted the consumers affected by Shoprite’s conduct are mostly pensioners and individual­s with low average income – in other words, largely financiall­y vulnerable members of society.

Shoprite must now comply with the NCT’s order by making payment of the R1m fine, and appointing a debt counsellor who will be making contact with affected consumers.

The NCR would like to appeal to any consumers, who believe they may be a victim of reckless credit granted by Shoprite, to lodge a complaint with the NCR by emailing their complaint to complaints@ncr.org.za, says Motshegare.

 ?? | African News Agency (ANA) ?? THE HIGH Court dismissed Shoprite’s appeal in December last year.
| African News Agency (ANA) THE HIGH Court dismissed Shoprite’s appeal in December last year.

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