Consumer law

Is the secondary role of the NCA preventing a South African financial crisis?

By Munozovepi Gwata In 2008 the world was shocked by what was considered by many, as the worst economic crisis since the Great Depression. The 2008 economic crisis was detrimental […]

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Simulated agreements: Dressing up transactions

By Chantelle Humphries and Don Mahon The application of the National Credit Act 34 of 2005 (the NCA) can have onerous consequences for money lenders. It requires strict compliance with […]

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The National Consumer Commission’s planned opt-out registry

By Madeleine Truter Section 11(3) of the Consumer Protection Act 68 of 2008 (CPA), read together with reg 4(3)(g) of the regulations gazetted in terms of s 120(1) of the […]

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Debt review: Points on orders

Nedbank Ltd v Jones and Others 2017 (2) SA 473 (WCC) By Bouwer van Niekerk and Ashley Seckel The South African economy has predominantly been spared from the horrible truths […]

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Changes in the NCA and the interpretation of the reinstatement mechanism

By Arno Duvenhage The judgment of the Constitutional Court (CC) in Nkata v FirstRand Bank Ltd 2016 (4) SA 257 (CC) resulted in a paradigm shift within the legal fraternity […]

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In Duplum rule: Another view of Paulsen v Slip Knot

By Tertius Maree A slip knot is a simple-seeming knot, joining two rope-ends. It does not actually slip when tension is applied. The in duplum rule is a simple-seeming rule […]

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Reckless credit – both sides of the story

By Kris Harmse One of the purposes of the National Credit Act 34 of 2005 (as amended) (the Act) as set out in its preamble, is ‘to promote responsible credit […]

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Protection offered by s 129 of the National Credit Act

By David Mohale In the recent Constitutional Court judgment of Nkata v FirstRand Bank Limited and Others (The Socio-Economic Rights Institute of South Africa as Amicus Curiae) (CC) (unreported case […]

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Nkata: The court’s interpretation of s 129 of the NCA and the meaning of ‘reinstatement’

By Harold Smit and Sabina Ismael Essa On 21 April 2016 the Constitutional Court (CC) delivered a very important judgment in the matter of Nkata v FirstRand Bank Limited and […]

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Banks beware: Reinstatement of mortgage loan agreements

Nkata v FirstRand Bank Ltd and Others (The Socio-Economic Rights Institute of South Africa as Amicus Curiae) (CC) (unreported case no CCT73/2015, 21-4-2016) (Moseneke DCJ) By Gian Louw The Constitutional […]

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