
Court clarifies boundary between NCA enforcement and Insolvency Act remedies
The High Court rejects arguments that excess transactions processed during a system error amounted to unlawful credit extension.

The High Court rejects arguments that excess transactions processed during a system error amounted to unlawful credit extension.

At issue is whether a death benefit received by a surviving spouse is protected from the creditors of an insolvent joint estate.

The joint trustees have managed to recoup R12.4m, but R1.5bn remains in claims. The efforts to recover funds through settlements, asset recovery, and legal action continue.

As creditors await repayment totalling nearly R2bn, preliminary investigations by the joint trustees point to potential asset recoveries totalling just over R414 million.