Temporary Financial Difficulty or Ongoing Affordability Problem?

If you are struggling to afford your car instalment, bond payment or other credit commitments, the first step is to understand whether the difficulty is temporary or likely to continue.

Three-Month Financial Recovery Test

A temporary shortage and a monthly budget that no longer works can feel very similar. This quick check compares your expected recovery date, the evidence behind that expectation and whether ordinary income will cover essentials and existing debt payments afterwards. It highlights possibilities and uncertainty, not a legal diagnosis.

Your answers stay on this page. This guidance does not determine credit approval or legal validity.

You can continue reading the guidance below without answering these questions.

A recovery date is a personal planning assumption, not a legal time limit, guarantee or finding of over-indebtedness.

Your answers stay in this page and are not submitted or stored. This educational guidance does not determine legal validity, lender approval or an enforcement outcome.

A temporary cash-flow problem usually has an identifiable cause, a realistic recovery date and a household budget that can return to normal.

An ongoing affordability problem is different. It arises when your reliable income is no longer sufficient to sustain your normal living expenses and credit repayments.

You may still be paying every account on time while experiencing serious financial pressure.

Perhaps you are using your credit card to buy groceries after paying your bond.

Maybe your salary has decreased, but your instalments remain unchanged.

Or an unexpected expense has left you short this month, although your normal income is usually sufficient.

These circumstances require different assessments.

The important question is not only whether you can make this month’s payments. It is whether your household can continue making them without repeatedly borrowing or postponing essential expenses.

The National Credit Act recognises that assessing over-indebtedness involves more than calculating one month’s shortfall.

Section 79 considers a consumer’s financial means, prospects, obligations and repayment history when determining whether credit commitments can be met in a timely manner.

This ConsumerLaws guide helps you identify financial-pressure patterns.

It does not make a formal determination of over-indebtedness or automatically recommend debt review.

Map my affordability

The difference in plain language

A temporary cash-flow problem occurs when income or expenses are disrupted for a limited period.

An ongoing affordability problem occurs when the household’s normal financial commitments exceed what its reliable income can reasonably support.

Both situations may produce the same immediate shortage.

However, their causes and future consequences can be very different.

Consider two hypothetical South African households.

Example A — Temporary financial difficulty

Monthly financial position	Amount
Reliable household income	R35,000
Normal essential and debt expenses	R32,000
Normal monthly surplus	R3,000
Unexpected medical expense	R7,000
Resulting shortfall	R4,000

The household usually has R3,000 remaining after normal commitments.

A once-off R7,000 expense creates a R4,000 shortfall for that month.

If the expense will not recur and the normal household budget remains sustainable, the problem may be temporary.

Example B — Ongoing affordability problem

Monthly financial position	Amount
Reliable household income	R35,000
Essential household expenses	R18,000
Contractual debt repayments	R21,000
Normal monthly position	−R4,000

This household also has a R4,000 shortfall.

However, the shortage occurs during an ordinary month.

Unless income, necessary expenditure or credit obligations change, the same problem is likely to continue.

Both households are R4,000 short, but they do not have the same financial problem.

The difference is the cause of the shortage and whether the household can recover.

ConsumerLaws Three-Layer Test

Use three questions to understand the nature of your financial pressure.

Layer	Question
Event	What caused the current shortage?
Duration	When is that cause realistically expected to end?
Normal budget	After it ends, can reliable income cover essential expenses and normal debt repayments?

A temporary classification is more credible when the evidence supports all three factors.

For example:

Situation 1

• Event: Employer changed the salary-payment date.
• Duration: One month.
• Normal monthly budget afterwards: R4,500 surplus.

This may indicate a temporary timing problem.

Situation 2

• Event: Permanent reduction in salary.
• Duration: Ongoing.
• Normal monthly budget afterwards: R4,500 deficit.

This suggests a continuing affordability problem.

Do not confuse available cash with sustainable affordability.

A consumer may have R20,000 in savings and still be experiencing an ongoing affordability problem.

If the household budget is repeatedly R5,000 short, savings may only be postponing the difficulty.

Similarly, having little money available today does not automatically mean the household has a structural problem if reliable income is arriving shortly and the normal budget remains sustainable.

The important question is:

“If this month’s unusual event did not exist, would my normal income still cover my household expenses and credit payments?”

If the answer is no, the problem may require broader assessment.

The NCR identifies repeated borrowing to service debt, skipping accounts and being unable to meet ordinary bills as warning signs of financial distress.

These are indicators requiring attention, not automatic legal findings.

For the broader pre-default assessment, read can’t afford a car or bond payment act before arrears.

Signs the problem may be temporary

A temporary financial difficulty normally has a specific cause and a credible recovery path.

Possible examples include:

• Salary being paid unusually late.
• A temporary reduction in working hours.
• A short interruption in employment income.
• An unexpected essential household expense.
• A necessary repair that is unlikely to recur.
• A temporary administrative or insurance delay.
• A gap between jobs where future employment has been confirmed.

However, an identifiable event does not automatically make the problem temporary.

You must also establish whether normal payments will become affordable afterwards.

Indicators of temporary financial pressure

Temporary-pressure indicator	What you should be able to establish
Clear cause	You can identify what created the shortage
Clear start	You know when the problem began
Credible end	There is a reasonable basis for expecting it to end
Normal affordability returns	Ordinary income again covers normal costs
Catch-up is realistic	Deferred amounts can be managed without another loan
Other accounts remain manageable	Pressure is not spreading across several debts
Essential costs remain funded	Necessary household expenditure remains affordable
New borrowing is not repeatedly required	Credit is not permanently filling the gap

The more evidence you have supporting these factors, the stronger the case for investigating temporary assistance.

Example: A once-off financial shock

Consider this household:

Monthly item	Amount
Reliable household income	R42,000
Essential expenses	R20,000
Normal credit repayments	R17,000
Normal monthly surplus	R5,000
Once-off medical expense	R8,000
Temporary shortfall	R3,000

The household normally has R5,000 remaining after its usual commitments.

The unexpected R8,000 expense creates a temporary R3,000 deficit.

If the expense is genuinely once-off and normal income continues, the household may return to a sustainable position next month.

However, consider what happens if the household takes another loan to cover the shortfall.

That new loan may create an additional monthly repayment.

The original problem may have been temporary, but the proposed solution could create ongoing commitments.

Always assess the financial effect of the solution, not only the original problem.

Check whether expected income is reliable

There is a difference between:

“My overtime should return eventually.”

and:

“My employer has confirmed that my normal working hours will resume next month.”

There is also a difference between hoping to find employment and having confirmed employment with a realistic starting date.

Uncertain income should not be treated as guaranteed when calculating future affordability.

If the problem is temporary and your next contractual payment may be affected, use contact bank before missed payment.

For supporting records, read documents for payment arrangement with bank.

If your next vehicle instalment is at risk, use cannot afford car payment this month.

For a home loan, use cannot afford bond payment this month.

A temporary arrangement must also be affordable afterwards

Suppose your normal instalment is R10,000.

The lender offers a temporary payment of R6,000.

The immediate reduction is R4,000.

But what happens to that R4,000?

If it becomes payable in addition to next month’s normal instalment, you may need R14,000.

A household with only R2,000 of normal monthly surplus may struggle to afford the additional amount.

This is why you should test the recovery month.

ConsumerLaws Recovery-Month Calculation

Use:

Reliable income − essential expenses − normal debt repayments − catch-up amount = recovery-month balance

For example:

Recovery-month item	Amount
Reliable income	R40,000
Essential expenses	R19,000
Normal debt repayments	R17,000
Catch-up payment	R2,000
Remaining amount	R2,000

The household has a R2,000 positive balance.

Now assume the catch-up payment is R7,000.

The same calculation produces a R3,000 deficit.

The arrangement may have postponed the problem rather than resolved it.

Before accepting a temporary arrangement, establish how deferred amounts, interest and future payments will be treated.

Do not assume that a payment reduction has been accepted unless the lender confirms the arrangement.

Signs the problem may be structural

An ongoing or structural affordability problem exists when normal household finances cannot sustainably support existing commitments.

The term structural affordability problem is used here to describe a financial-pressure pattern.

It is not a separate legal classification under the National Credit Act.

Possible warning signs include:

• Your normal income is repeatedly insufficient to cover essential expenses and debt repayments.
• You use a credit card to buy groceries because most of your salary goes towards debt.
• Your overdraft is repeatedly used immediately after payday.
• You borrow from one lender to pay another.
• You postpone some accounts to keep others current.
• Family members regularly assist with normal instalments.
• You cannot maintain essential expenses after credit repayments.
• Several credit providers are being asked for arrangements.
• Temporary payment arrangements keep being extended.
• Your income has permanently decreased.
• Necessary household costs have permanently increased.
• Normal payments depend on uncertain overtime or commission.

The NCR identifies several of these behaviours as warning signs that consumers may be experiencing over-indebtedness.

However, warning signs should lead to proper assessment rather than an automatic diagnosis.

Example: All accounts current, but the budget does not work

Consider:

Monthly item	Amount
Reliable income	R50,000
Essential household expenses	R22,000
Contractual debt repayments	R31,000
Monthly shortfall	R3,000

The household has a recurring R3,000 deficit.

It may still be keeping every account up to date by using available credit.

However, if R3,000 is borrowed every month for six months, approximately R18,000 of additional borrowing could accumulate before interest and charges.

The immediate payment history may appear manageable, but the underlying budget is deteriorating.

Payment substitution is another warning sign

For example:

• Month 1: Use a credit card to buy groceries so the bond can be paid.
• Month 2: Use an overdraft to service the credit card so the car instalment can be paid.
• Month 3: Take another loan to cover the overdraft and household expenses.

The accounts may receive payments.

But the household is moving the same financial shortage between different credit facilities.

Reliance on uncertain income

Consider:

Base net monthly income: R35,000

Normal expenses and debt repayments: R39,000

Average overtime in a good month: R6,000

With overtime, the household may have R2,000 remaining.

Without overtime, it has a R4,000 deficit.

If overtime is not reliably available, the household’s normal financial position may be fragile.

This does not mean that variable income must always be excluded.

It means that its reliability should be considered when assessing future obligations.

Temporary arrangements may conceal ongoing difficulty

Suppose the normal instalment is R12,000.

A lender permits a temporary R7,000 payment for three months.

During that period, the consumer manages.

But when the contractual instalment returns to R12,000, the household is again R4,000 short.

The arrangement provided temporary breathing room.

It did not correct the underlying affordability problem.

A positive monthly balance is not always sufficient

A household may technically have R200 remaining after paying all expenses and debt commitments.

However, if normal variations in essential expenditure regularly exceed that amount, the financial position may remain vulnerable.

There is no single universally required surplus for every household.

The appropriate amount depends on the consumer’s circumstances, including dependants, income reliability and necessary expenses.

What the National Credit Act requires

Section 79 defines over-indebtedness through a broader assessment of whether a consumer can meet obligations under applicable credit agreements in a timely manner.

The assessment considers financial means, prospects, obligations and relevant repayment history.

Under regulation 24, formal debt-counselling assessments also consider income, living expenses and debt commitments in accordance with the applicable requirements.

In Bornman v National Credit Regulator [2013], the Supreme Court of Appeal emphasised the importance of a proper debt-counsellor determination and the records supporting it.

The ConsumerLaws self-assessment helps identify financial pressure. It does not replace that statutory process.

ConsumerLaws Temporary vs Ongoing Financial Pressure Mini-Assessment

Complete the following using your actual financial position.

Question	Temporary pattern	Ongoing pattern	Your answer
What caused the shortfall?	One identifiable event	Normal budget no longer works	—
Does the cause have an end date?	Credible end date	No clear end / permanent	—
Will normal income recover?	Yes, reasonably supported	No / uncertain	—
Does next month’s ordinary budget balance?	Yes	No	—
Can deferred money be caught up without borrowing?	Yes	No	—
Are essential living costs still funded?	Yes	Often no	—
Are other debt accounts still manageable?	Yes	Several under pressure	—
Are you using new debt to pay existing debt?	No	Repeatedly	—
Are payment arrangements becoming recurring?	No	Yes	—
Do you rely on uncertain income to make normal payments?	No / limited	Yes	—

Understanding your result

The following explanations are educational guidance, not a numerical score or formal financial determination.

Possible result — Predominantly temporary

Your answers suggest that a specific event caused the shortage and that your normal budget may recover within a realistic period. Confirm the recovery date, assess whether future instalments and catch-up payments will be affordable, and contact the affected credit provider before missing a payment. Use documents for payment arrangement with bank to prepare supporting information. Do not rely on temporary relief until the lender confirms the arrangement.

Possible result — Predominantly ongoing

Your answers suggest that normal income may no longer support essential expenses and existing debt commitments. Review the full household budget and avoid treating each month’s shortfall as a separate emergency. A temporary arrangement may not resolve an ongoing deficit. Use Map my affordability to request an informed assessment and understand which options may be appropriate. No particular debt-relief process should be predetermined from this checklist.

Possible result — Uncertain or mixed

Your answers do not yet establish whether the difficulty is temporary or ongoing. Income may fluctuate, expenses may be unclear or an expected recovery may not be confirmed. Gather recent income records, statements, essential expense figures and debt commitments. Prepare a three-month affordability picture, extending it where necessary to understand variable income. ConsumerLaws can help you organise this information before deciding which financial-pressure route deserves closer assessment.

Map my affordability

Do not interpret the checklist as:

“Five ongoing answers mean you are legally over-indebted.”

There is no such automatic rule.

The outcome must be assessed against your circumstances and the applicable legal requirements.

Build a realistic monthly affordability picture

A meaningful financial-pressure assessment requires reliable income and realistic expenditure.

Do not build the calculation around your best earning month or an unusually low expense estimate.

Start with an ordinary or reasonably representative month.

Use:

Reliable household income − essential household expenses − secured-debt payments − other credit commitments = monthly affordability position

If the result is positive, consider whether the remaining amount is sufficient for ordinary variations and known upcoming costs.

If the result is negative, establish whether the shortfall will disappear or continue.

ConsumerLaws 90-Day Affordability Map

A forward-looking assessment is often more informative than one month’s calculation.

Category	Month 1	Month 2	Month 3
Reliable household income	R—	R—	R—
Essential expenses	R—	R—	R—
Secured-debt payments	R—	R—	R—
Other credit commitments	R—	R—	R—
Known once-off expenses	R—	R—	R—
Expected remaining amount	R—	R—	R—

For each month, calculate the expected remaining balance.

Then ask:

Essential expenses

Essential expenses are reasonable costs necessary for maintaining the household.

Depending on your circumstances, these may include:

• Food and household necessities.
• Electricity and water.
• Housing expenses.
• Transport.
• Medical expenses.
• Insurance.
• Education.
• Dependants’ needs.
• Essential communication costs.
• Municipal rates and levies.
• Other necessary household expenditure.

Use actual income and expenditure figures when assessing affordability, rather than relying on unsupported estimates.

A formal regulated assessment applies the relevant statutory and regulatory requirements.

Your own budget should also reflect reality.

Do not reduce essential costs on paper merely to make the budget appear affordable.

For example, if your household normally spends R6,500 on groceries, recording R3,000 does not create R3,500 in additional income.

It produces an unrealistic calculation.

Separate essential and discretionary spending

Some expenditure may be adjustable.

For example:

Expense	Current	Illustrative adjusted amount
Food	R7,000	R6,300
Streaming subscriptions	R900	R200
Transport	R4,500	R4,300
Medical needs	R2,400	R2,400
Restaurant/takeaway spending	R2,000	R700

These are hypothetical figures, not recommended spending limits.

An adjustment is useful only if it is genuinely achievable and suitable for the household.

The important question is whether realistic changes can sustainably correct the shortfall.

A household with a R1,000 deficit and adjustable optional spending may face a different problem from one with a R9,000 deficit and very little discretionary expenditure.

Different affordability assessments serve different purposes

Regulation 23A of the National Credit Regulations concerns affordability assessments by credit providers in the circumstances to which it applies.

It includes requirements concerning income, necessary expenses and debt-repayment obligations.

A consumer’s household budgeting exercise is not a formal regulation 23A credit-approval assessment.

Nor does it replace the debt-counselling assessment requirements under regulation 24.

The common practical principle is that essential living expenses must be considered when evaluating repayment capacity.

Secured-debt payments

Secured-credit agreements may relate to important household assets, including vehicles and homes.

For ConsumerLaws’ early-intervention journey, record both the contractual payment and the account’s current status.

Secured obligation	Normal payment	Current status
Vehicle finance	R—	Current / at risk / missed
Home loan	R—	Current / at risk / missed
Other applicable secured credit	R—	—

Your affordability calculation should include the contractual instalments.

However, the household budget must also reflect the wider cost of maintaining the assets.

Vehicle finance

Additional vehicle-related expenses may include:

• Insurance.
• Fuel.
• Maintenance.
• Licences.
• Necessary parking or toll costs.
• Other recurring transport expenditure.

Consider:

Vehicle expense	Monthly amount
Vehicle instalment	R7,500
Insurance	R1,500
Fuel	R3,000
Total	R12,000

Although the finance instalment is R7,500, the illustrated vehicle-related cost is R12,000.

The other R4,500 must also be accommodated in the household budget.

Home loans

Property-related expenditure may include:

• Rates and taxes.
• Levies.
• Insurance.
• Essential maintenance.
• Utilities.

For example:

Property expense	Monthly amount
Bond instalment	R16,000
Rates	R2,000
Levies	R2,500
Insurance/maintenance provision	R1,500
Total	R22,000

The household’s illustrated property-related burden is greater than the contractual bond instalment.

When preparing your affordability map, record each amount in the appropriate category without counting it twice.

The objective is to understand the actual ongoing cost.

Identify the relevant account stage

If your vehicle instalment is still current but may become unaffordable, use cannot afford car payment this month.

If your next bond payment is at risk, use cannot afford bond payment this month.

Where both payments are becoming difficult, return to can’t afford a car or bond payment act before arrears.

If a payment has already been missed, the appropriate guidance changes.

Use if the car payment is missed or if the bond payment is missed.

This article remains focused on identifying the type of affordability problem rather than explaining later enforcement.

Other credit commitments

The next step is to include your unsecured and revolving credit obligations.

Examples include:

• Personal loans.
• Credit cards.
• Overdrafts.
• Store accounts.
• Short-term credit.
• Other applicable credit agreements.

Use the amount currently payable under each agreement.

Check the current statement where possible.

Do not exclude an account simply because you hope to settle it soon.

ConsumerLaws Other Credit Commitments Check

Credit commitment	Monthly payment	Balance if known	Current?
Personal loan	R3,500	R—	Yes / No
Credit card	R2,000	R—	Yes / No
Store account	R700	R—	Yes / No
Other loan	R2,500	R—	Yes / No

Add the monthly repayments to your affordability picture.

Check whether debt is being paid with new debt

Suppose your credit-card payment is R2,000.

You pay that amount from your salary.

You then use R2,000 of available card credit to pay for groceries.

Although a repayment occurred, the household is still relying on borrowing for ordinary living expenses.

Repeatedly doing this can indicate that the wider financial position is not sustainable.

Do not assume that being up to date means the budget is healthy.

If revolving credit accounts remain near their limits and the household can afford only minimum payments, examine whether the commitments can realistically be maintained over time.

Also consider unavoidable obligations that may not themselves be regulated credit agreements.

Your household budget must reflect genuine cash outflows.

However, the formal statutory assessment of over-indebtedness remains governed by the applicable NCA requirements.

ConsumerLaws Affordability Map — Worked Example

Consider this hypothetical household.

Monthly item	Amount
Reliable net household income	R52,000
Essential household expenses	R23,000
Vehicle instalment	R7,500
Bond instalment	R14,000
Other credit repayments	R10,000
Monthly position	−R2,500

The household has a recurring R2,500 deficit if these figures remain unchanged.

Now suppose one credit agreement genuinely ends next month, removing a R4,000 repayment.

The new calculation becomes:

R52,000 − R23,000 − R7,500 − R14,000 − R6,000 = R1,500

The household may return to a positive monthly position.

However, confirm that the repayment really ends and that no other future obligation replaces it.

Now consider a different situation.

Suppose the R4,000 repayment does not end.

Instead, household income permanently falls to R47,000.

The calculation becomes:

R47,000 − R23,000 − R7,500 − R14,000 − R10,000 = −R7,500

The affordability problem has become significantly more serious.

These examples demonstrate why a single monthly shortfall is not enough to determine whether financial pressure is temporary or ongoing.

You need to understand what will change in the months ahead.

Find my payment stage

Match the problem type to the next assessment

After reviewing income, necessary expenses and credit repayments, identify which financial-pressure pattern best matches your circumstances.

Do not begin by choosing a product or assuming that one debt-relief solution will suit everyone.

First establish the nature of the difficulty.

ConsumerLaws Financial Pressure Decision Matrix

Your financial pattern	What it suggests	Appropriate next step
One identifiable event, normal budget remains positive afterwards	Temporary cash-flow interruption may be present	Contact lender early and prepare evidence
Shortfall lasts several months but has a credible recovery date	Extended temporary pressure	Assess whether a temporary arrangement remains affordable afterwards
Normal budget is negative every month	Ongoing affordability problem may be present	Broader financial-pressure assessment
Payments remain current only through new borrowing	Structural warning sign	Broader assessment before adding more credit
Several debts are becoming difficult simultaneously	Household-wide pressure	Full affordability assessment
You cannot tell because income is irregular	Uncertain	Build 3–6 month income/expense history
Only vehicle payment is becoming difficult	Asset-specific pressure	cannot afford car payment this month
Only bond payment is becoming difficult	Asset-specific pressure	cannot afford bond payment this month
You need to approach the lender before default	Communication decision	contact bank before missed payment
Lender wants affordability evidence	Preparation stage	documents for payment arrangement with bank
Vehicle payment has already been missed	Post-default vehicle stage	if the car payment is missed
Bond payment has already been missed	Post-default home-loan stage	if the bond payment is missed

ConsumerLaws Final Mini-Assessment

Answer the following questions using actual information rather than assumptions.

Question	Your answer
What caused the problem?	__________
Is the cause temporary or permanent?	__________
What evidence supports that?	__________
When should normal income/costs resume?	__________
What is my reliable monthly income?	R__________
What are my essential expenses?	R__________
What are my secured-debt payments?	R__________
What are my other credit payments?	R__________
What is my normal monthly surplus/deficit?	R__________
What will it be next month?	R__________
What will it be in three months?	R__________
Am I borrowing to meet existing obligations?	Yes / No
Are several accounts under pressure?	Yes / No
Can I catch up deferred amounts without borrowing?	Yes / No
Are my assumptions based on confirmed income?	Yes / No

Review the answers and identify the most appropriate pattern.

Pattern A — Predominantly temporary

Your figures suggest that normal household income can cover essential expenditure and credit repayments once an identifiable short-term event has passed. Confirm the expected recovery date and calculate whether any catch-up payments will be affordable. If an instalment may be missed, contact the credit provider before the due date. Use documents for payment arrangement with bank to prepare the information needed to explain your situation and discuss possible arrangements.

Pattern B — Predominantly ongoing

Your ordinary household budget remains negative or financially fragile even after temporary events are removed. Repeatedly postponing individual payments may not address the underlying problem. Review the full debt position, essential expenses and realistic income prospects. ConsumerLaws can help you organise the information and identify appropriate assessment routes through Map my affordability. Whether regulated debt counselling or another response is suitable depends on your individual circumstances.

Pattern C — Uncertain

Your financial position cannot yet be classified confidently because income varies, expenditure is incomplete or future recovery remains uncertain. Gather recent bank statements, income records and details of your contractual repayments. Use the 90-Day Affordability Map and consider a longer history where necessary. Avoid committing to an arrangement based on unconfirmed income. The next useful step is to obtain a clearer financial picture before deciding how to respond to the expected payment difficulty.

The objective is an informed decision that matches the actual financial problem.

If you are preparing to approach a lender, your next practical guide is documents for payment arrangement with bank.

For wider early-intervention guidance, return to can’t afford a car or bond payment act before arrears.

If you are considering new borrowing to cover an ongoing shortfall, first check your full credit health before new finance and determine whether additional credit would improve or worsen your overall affordability.

How ConsumerLaws can assist

ConsumerLaws provides consumer credit consultancy to help you organise and understand your financial position.

We can help you examine:

• Reliable household income.
• Essential living expenses.
• Vehicle and home-loan payments.
• Other credit commitments.
• Temporary income interruptions.
• Expected recovery dates.
• Recurring monthly shortfalls.
• Relevant supporting documents.
• The next assessment appropriate to your circumstances.

If specialist legal assistance becomes necessary, ConsumerLaws can facilitate referral through its professional network.

Where court representation becomes necessary, ConsumerLaws can refer you to an independent attorney within our affiliate network, who will assess your matter and handle the legal proceedings if instructed.

The assessment should help answer:

Map my affordability

For the broader early-intervention assessment:

Check my situation before I miss a payment

Primary legal and regulatory sources

• National Credit Act 34 of 2005, particularly sections 78, 79 and 86.
• National Credit Regulations, especially regulation 24 governing debt-counselling assessments and regulation 23A where relevant to credit-provider affordability assessments.
• National Credit Regulator consumer guidance on over-indebtedness, debt counselling and household budgeting.
• Bornman v National Credit Regulator [2013].
• Nedbank Ltd and Others v National Credit Regulator and Another [2011].
• Ex Parte Oberholzer; Ex Parte Nchabeleng and Another; Ex Parte Van der Walt and Another [2017].