Referenced by:
| a) |
the principal debt owing to him by the borrower or credit receiver or lessee; |
| b) |
in the case of a money loan secured wholly or partly by a mortgage bond over immovable property and if the moneylender is authorized thereto in terms of an agreement between himself and the borrower-- |
| i) |
any amount actually disbursed by the moneylender after the conclusion of the transaction concerned in respect of the maintenance and repair of and renewal premiums on a fire insurance policy over the said immovable property; |
| ii) |
any amount owing by the borrower to the moneylender at the tariff prescribed from time to time by the Minister for the valuation of the said immovable property where an inspection was actually carried out for the purposes of the granting of the loan concerned; (see end of page) |
| d) |
additional finance charges calculated in the manner prescribed by section 4; |
| e) |
if judgement is obtained for the payment of the principal debt or finance charges owing thereon by the borrower or credit receiver or lessee, legal costs awarded in terms of such judgement: Provided that-- |
| i) |
the court in awarding such legal costs may disregard the provisions of any agreement relating to costs between the parties concerned; |
| ii) |
such legal costs shall not include any costs incurred by or on behalf of a moneylender or a credit grantor or a lessor before the instructions to institute legal proceedings for the payment of such principal debt or finance charges were given; |
| f) |
legal costs actually incurred by him after legal proceedings were instituted by him for the payment of the principal debt or of finance charges owing thereon and where payment of such principal debt or finance charges is made by or on behalf of the borrower, credit receiver or lessee concerned without judgement being obtained by virtue of such proceedings; |
| i) |
subject to the provisions of section 6K(3) and 11A, the cost of repair and maintenance of movable property leased in terms of a leasing transaction; |
| k) |
in the case of a housing loan, administration fees to the extent and on the conditions mentioned in the Schedule. |
| 2) |
No moneylender or credit grantor or lessor shall in any proceedings against a borrower or credit receiver or lessee in respect of loss, damage or expense alleged to have been incurred in connection with a money lending transaction or a credit transaction or a leasing transaction, obtain judgment for any sum not included in the amount recoverable in respect of such money lending transaction or credit transaction or leasing transaction, as the case may be, under subsection (1). |
| 3) |
In any proceedings in terms of the Insolvency Act, 1936 (Act No. 24 of 1936), or any other law, no moneylender or credit grantor or lessor shall prove a claim in respect of a money lending transaction or a credit transaction or a leasing transaction for any sum for which in terms of this section he cannot obtain judgment. |
| 4) |
For the purposes of this subsection (1)(a) and (c) the amount of the principal debt and finance charges owing by a lessee in terms of a leasing transaction, shall be calculated, if applicable, in the manner specified in sections 6E, 6F, 6G, 6H, 6I, 6J and 6K, as the case may be. |
(Any amount recovered by a moneylender from a borrower before the date of commencement of section 5(1)(b)(ii) of this Act, as inserted by the Usury Amendment Act, 1989, and which could have been so recovered by the moneylender under the said section 5(1)(b)(ii) on the said date of commencement, shall be deemed to have been recovered under that section.)
Financial Sector Regulation Act, 2017
