South Africa has tried different approaches to find the right balance between access to finance and consumer protection. The laws that deal with small-scale loans by private moneylenders evolved from punishable crime under the usury laws to a responsible lending approach that cautions lenders to take responsibility for reckless lending while allowing them to consider their costs and risks in the interest rates to be charged for small loans. This chapter discusses South Africa’s legal response to problems that the informal credit markets may cause in society and the economy. Since 1926, South Africa has enacted laws to deal with informal credit and has been replacing and amending laws to deal with the emerging challenges of financial exclusion. The current National Credit Act (NCA) has reformed most of the gaps in the earlier statutes.

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Regulation of Informal Credit Markets in South Africa

  • Gebreyesus Yimer

摘要

South Africa has tried different approaches to find the right balance between access to finance and consumer protection. The laws that deal with small-scale loans by private moneylenders evolved from punishable crime under the usury laws to a responsible lending approach that cautions lenders to take responsibility for reckless lending while allowing them to consider their costs and risks in the interest rates to be charged for small loans. This chapter discusses South Africa’s legal response to problems that the informal credit markets may cause in society and the economy. Since 1926, South Africa has enacted laws to deal with informal credit and has been replacing and amending laws to deal with the emerging challenges of financial exclusion. The current National Credit Act (NCA) has reformed most of the gaps in the earlier statutes.