Consumer law

Granting default judgments: The registrar’s powers under the National Credit Act

Section 23 of the Superior Courts Act 10 of 2013, read with r 31(5) of the Uniform Rules of Court, empowers the Registrar of the High Court, save in circumstances […]

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Opting out: How does POPIA impact telemarketing?

By Gilad Katzav Regulating direct marketing is a familiar endeavour for South African law. This marketing practice has garnered the attention of our legislature for over two decades: From the […]

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What constitutes a sufficient trigger for the National Credit Regulator to initiate complaints into alleged contraventions of the National Credit Act?

National Credit Regulator v Dacqup Finances CC t/a ABC Financial Services – Pinetown and Another (SCA) (unreported case no 382/21, 24-6-2022) (Nicholls JA (Makgoka and Gorven JJA and Phatshoane and […]

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Exiting debt review: The conundrum of certainty in the how and when

The scheme of the debt review model in the National Credit Act 34 of 2005 (the NCA) was explained in better detail in the reported case of Janse van Vuuren […]

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Has POPIA adequately prepared people to exercise their right not to be subject to automated decision-making?

Transparency and accountability are enduring principles of any healthy system of governance and regulation. The Protection of Personal Information Act 4 of 2013 (POPIA) ostensibly seeks to regulate the personal […]

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Can a car sold under finance, or a suspensive condition be attached and sold in execution by a Sheriff?

One of the primary duties of a Sheriff is to attach and sell in execution, property of a judgment debtor in accordance with a court order granted against the latter. […]

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Controversial new test for ‘ordinary course of business’

The Consumer Protection Act 68 of 2008 (CPA) provides a wide range of protections to consumers. It has a particularly complex set of legal rules, which determine when the Act […]

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WhatsApp Saga – a reminder of the importance of POPIA in South Africa

The recent announcement by Facebook, which is the parent company of WhatsApp, regarding the modification of their data collection structure to its terms and conditions, was met with caution and […]

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An overview of the Protection of Personal Information Act

The Protection of Personal Information Act 4 of 2013 (the Act) is an important piece of legislation that gives effect to the constitutional right to privacy and regulates the processing […]

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Can you sue for mental distress and disappointment following breach of contract?

In a post-industrial society, consumer goods and services are in abundance. Certainly, present day consumers enjoy the benefit of an increasing range of goods and services, and modern goods often […]

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