Loan sharksโoften called mashonisasโthrive where money is tight and time is short. They promise โinstant cash, no paperwork,โ then trap people in cycles of debt with illegal fees, sky-high interest, intimidation, card-swapping, and ATM ambushes on pay day. This 2025 guide shows exactly how to recognise an unlawful lender, what South African law requires, how to check if a lender is legitimate, and what you can doโstep by stepโif you are already caught in a loan sharkโs web.
The legal basics: what a lawful credit provider must do
South Africaโs National Credit Act (NCA) and its regulations give consumers strong protection. In simple terms, a lawful lender must:
- Be registered with the National Credit Regulator (NCR). Since 2016, virtually anyone in the business of granting credit for profit (other than incidental credit) must register. A lawful provider has a valid NCRCP number and a current certificate.
- Give you a pre-agreement statement and a written quotation that is valid for five business days. This lets you compare offers before you sign.
- Assess affordability properly. The lender must check your income, fixed and variable expenses, and existing debt commitments. Skipping this can amount to reckless credit.
- Comply with cost caps. South African law caps interest, initiation fees, and the monthly service fee. The monthly service fee may not exceed R60. Initiation fees are also capped.
- Respect the in duplum rule. If you default, interest and certain fees may not exceed the unpaid principal while you remain in default.
- Avoid prohibited practices. No lender may keep your bank card, SASSA card, ID, or PIN, insist on blank debit orders, or use threats and harassment.
If a lender ignores any of the above, your alarm bells should ring.
Ten red flags that scream โloan sharkโ
You can often spot a loan shark within minutes. Treat the following as warning signs:
- No NCR registration. They cannot show an NCRCP number or a current NCR certificate at the premises. A legitimate provider displays it prominently and appears on the NCRโs public register.
- โNo paperwork, no assessment.โ The law requires an affordability assessment. If a lender boasts that they do not assess, that is a red flag for reckless lending.
- They keep your bank or SASSA card, ID, or PIN. This is unlawful and commonly linked to ATM withdrawals on pay day. Never hand over your cards or PINs.
- ATM collections on pay day. If the lender insists on meeting you at an ATM to withdraw your instalment, walk away. This is a hallmark of illegal micro-lending.
- Shock-high rates, like โ30% a month.โ For short-term loans, the law sets strict monthly caps. Other credit types use annual formulas tied to the repo rate. Anything vastly above these caps is suspect.
- Bloated โadminโ or โfileโ fees. The monthly service fee is capped at R60, and initiation fees have set ceilings. Large, vague extras beyond these caps are a sign of abuse.
- No written quotation valid for five days. You are entitled to a formal pre-agreement statement and a five-day quotation before you sign.
- Threats of instant salary attachment. Proper emolument attachment orders (EAOs) require court oversight and must satisfy fairness standards. Bullying threats are classic loan-shark tactics.
- Loan splitting. One advance is broken into multiple loans on the same day just to multiply initiation and service fees. This practice has been penalised in cases before the National Consumer Tribunal.
- No receipts, no statements. Transparency is a legal duty. Refusing to provide statements or receipts is a red flag.
What โnormalโ costs should look like in 2025
Knowing the lawful ceilings helps you challenge illegal quotes with confidence:
- Interest caps.
โข Short-term credit transactions (typically up to six months) carry a maximum monthly interest rate that is strictly capped by regulation. For a first short-term loan in a calendar year, the cap is higher than for any subsequent short-term loan that year.
โข Unsecured credit transactions and credit facilities use annual formula caps linked to the prevailing repo rate. Registered lenders should be able to show you how the cap was calculated. - Initiation fee.
For many small agreements, it is structured as a fixed base plus a percentage of the amount above R1 000, with a hard ceiling (commonly up to R1 050, VAT excluded, depending on the credit category). - Monthly service fee.
The maximum is R60 per month. If charged annually, the total must be pro-rated if you settle early. - In duplum protection.
Once you are in default, interest and specified fees may not exceed the unpaid principal. If your principal was R2 000 at default, then interest plus those charges should not run past R2 000 while you remain in default.
When a quote breaches these guardrails, treat it as unlawful or at least non-compliant and do not sign.
How to verify a lender before you borrow
- Ask for the NCRCP number and certificate. A legitimate provider will present these without hesitation and will have the certificate displayed at the premises.
- Check that you receive a pre-agreement statement and five-day written quotation. If the lender refuses, that is grounds to walk away.
- Demand a proper affordability assessment. Expect questions about income, expenses, and existing debts, and be asked for supporting documents. If the lender does not ask for proof, that is a problem.
- Benchmark the fees. Ensure the initiation fee and service fee fall within the legal caps. Refuse vague โadminโ charges that exceed those caps.
- Protect your credentials. Never leave your bank card, SASSA card, ID, or PIN with anyone. If asked, end the conversation immediately.
- Keep copies of everything. Store quotations, signed agreements, payment slips, and any messages. These are vital if there is a dispute.
Common South African loan-shark scams in 2025 (and how to respond)
1) SASSA card hostage
Some illegal lenders seize SASSA cards and IDs, then drain grants at ATMs monthly. This is unlawful.
What to do: Replace the card immediately, change your PIN, open a police case, and lodge a complaint with SASSA and the NCR. Ask your bank to flag suspicious withdrawals.
2) ATM โescortโ collections
Loan sharks meet borrowers at ATMs on pay day to withdraw instalments using retained cards or coerced PINs.
What to do: Cancel and replace the card, change your PIN, document the incident, and report the lender to the NCR. If threats were made, involve SAPS.
3) Loan splitting
A single cash need is turned into multiple same-day loans to multiply fees unlawfully.
What to do: Keep all slips showing the dates and amounts. Submit a complaint to the NCR. This tactic has been sanctioned in Tribunal matters.
4) โWe will take your salaryโ threats
Threats of instant salary deductions are mostly bluster. Lawful EAOs require judicial oversight and must be just and equitable.
What to do: Ask for the case number and the name of the court. If none is provided, document the threat and report it.
If you are already trapped: a step-by-step exit plan
- Secure your income channels
Replace compromised bank or SASSA cards and change all PINs. Ask your bank about stopping or disputing unauthorised debit orders. Keep proof of your requests. - Collect evidence
Save WhatsApp messages, SMSes, voice notes, and call logs. Photograph any signage at the lenderโs premises. Keep receipts and proof of withdrawals or deposits. - Report the conduct
Prepare a short summary of what happened, attach your proof, and lodge a complaint with the National Credit Regulator. If your SASSA card was involved, report it to SASSA and the police. - Check for reckless credit
If the lender failed to assess affordability, or ignored obvious unaffordability, the credit may be reckless. Courts and the Tribunal have powers to suspend or set aside obligations under reckless agreements. Seek advice from a registered debt counsellor or an attorney. - Invoke the in duplum rule
Where you have defaulted, insist that interest and specified charges not exceed the unpaid principal. Demand a recalculation if the lenderโs figures appear to overrun the cap. - Consider debt counselling
If over-indebted, debt counselling can consolidate payments into a single, affordable instalment under legal protection, with a formal court or Tribunal order. Always verify that the counsellor is registered with the NCR.
Practical tools you can use today
A. Ninety-second checklist before you sign
- Is the NCRCP number visible and valid?
- Did you receive a written quotation valid for five business days?
- Do the interest rate and fees comply with caps?
- Did the lender conduct a full affordability assessment with proof?
- Are you being asked to leave a card, ID, or PIN?
- Are you being pressured to sign multiple loans at once?
- Do you understand, in plain language, the total amount you will repay?
If any answer is โNo,โ do not sign.
B. Copy-and-paste complaint template
Subject: Unlawful lending complaint โ [Your name], [Date]
I wish to lodge a complaint against [Lenderโs name and address].
Allegations:
โข Unregistered lending (no NCRCP number provided or displayed).
โข No affordability assessment was conducted.
โข Unlawful retention of my bank/SASSA card and/or PIN.
โข Excessive interest and fees beyond legal caps.
โข Harassment and threats, including references to salary attachment without a court order.Evidence attached: receipts, screenshots, message logs, photographs of premises/signage, and any agreement.
Relief sought: Investigation, enforcement action, recovery of my card, and recalculation or refund of unlawful charges.
My contact details: [Phone and email]
Kind regards
[Full name] | [ID number]
C. Negotiating from a position of strength
- Use the numbers. Quote the service fee cap (R60 per month) and the in duplum protection. Ask for a statement that shows principal, interest, and every fee line by line.
- Propose a fair plan. If you can pay, propose a realistic arrangement that complies with the caps. Put it in writing and keep proof of payment.
- Stop harassment. Inform the lender in writing that all communication must be in writing and that any threats will be reported.
Safer alternatives to loan sharks
- Registered micro-lenders and banks. Always confirm the NCR registration and compare total cost of credit (including initiation and service fees) across at least three quotes.
- Employer salary advances or payroll loans arranged with reputable, registered providers and transparent deductions.
- Credit unions, stokvels, and community savings groups with written rules, audited records, and elected committees. Never permit card or PIN retention under any circumstances.
- Debt consolidation via debt counselling, if already over-indebted, through a registered debt counsellor who uses an authorised payment distribution agent.
- Emergency assistance and social support for grant beneficiaries via SASSA and the Department of Social Development, rather than resorting to unregistered lenders.
Frequently asked questions (2025)
1) Are loan sharks ever legal?
No. โLoan sharkโ is a functional description for lenders who do not follow the NCA. Informal lending can be lawful only if the lender is registered where required, stays within cost caps, and meets all duties under the Act.
2) Can I get a free credit report?
Yes. You are entitled to one free credit report every twelve months from each registered credit bureau. Use this to check for unauthorised listings or errors and to track your debt position.
3) A lender says they will attach my salary immediately. Can they?
Only with a valid emolument attachment order granted under judicial oversight and on terms that are just and equitable. Empty threats or fake orders are unlawful intimidation.
4) I borrowed from an unregistered lender. Do I still owe the money?
You must seek advice. Credit agreements that should have been concluded by registered providers can be unlawful to the extent set out in the NCA, and enforcement may be restricted. The NCR can investigate, and the National Consumer Tribunal has powers to issue orders.
5) The lender split my loan into three on the same day. Is that allowed?
Loan splitting to multiply fees has been condemned in enforcement matters. Keep your documents and lodge a complaint with the NCR.
6) What if I have already paid far more than I borrowed?
Use the in duplum rule. Where you are in default, interest and specified charges may not exceed the unpaid principal. Demand a recalculation and, if necessary, escalate the matter to the NCR or to legal advice.
7) Can the lender keep my bank card โfor securityโ?
No. Retaining cards, IDs, or PINs is unlawful. If a lender insists, do not proceed and report the conduct.
Final word
Loan sharks depend on speed, secrecy, and fear. Slow things down, insist on your documents, check the NCR registration, and benchmark costs against the legal caps. If you are already caught, secure your cards, collect evidence, and report the conduct. The law is on your sideโuse it decisively.
Lethabo Ntsoane holds a Bachelors Degree in Accounting from the University of South Africa. He is a Financial Product commentator at Rateweb. He is an expect financial product analyst with years of experience in reviewing products and offering commentary. Lethabo majors in financial news, reviews and financial tips.
He can be contacted:
Email: lethabo@rateweb.co.za
Twitter: @NtsoaneLethabo