National Credit Act
Legal Precedent (i.e Excerpts from Case Law and Legislation)
Absa Bank Limited vs Dokkie Kenneth Mokebe
Foreclosure – The monetary judgment is part of the cause of action when execution against immovable property is concerned – the issues are intrinsically connected and must be brought in one proceeding and not piecemeal. All the facts should be placed before the court to sustain the relief sought. A failure to do so, disentitles a party to relief. When a court is appraised of all the facts, a decision whether to place a reserve price on the sale of a house that may be sold in execution, can be properly taken. Each matter will depend on its own facts.
Du Bruyn & others vs Karsten
National Credit Act 34 of 2005 – under what circumstances is a credit provider obliged to register – where the credit agreement exceeds the threshold set out in s 42(1) – irrespective of whether it is a single transaction – irrespective of whether the credit provider is a regular participant in the credit industry