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South Africa decisions
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Tofie v Maedimole and Another (NCT/287776/2023/165) [2025] ZANCT 13 (7 April 2025)
The National Consumer Tribunal varied a consent order to replace an erroneous acceptance letter with the correct version, leaving the rest of the order unchanged.
Khomola v Mans and Another (NCT/369009/2024/141(1)(b)) [2025] ZANCT 23 (3 April 2025)
The Tribunal refused leave to refer a consumer complaint over alleged unauthorized debt review, finding contradictory evidence and no reasonable prospects of success.
Body Corporate of Marsh Rose v Steinmuller and Others (149/2022) [2023] ZASCA 143; 2024 (2) SA 270 (SCA) (2 November 2023)
The Supreme Court of Appeal held that the statutory embargo under s 15B(3)(a)(i)(aa) of the Sectional Titles Act entitles the body corporate to refuse to issue a clearance certificate until all monies due to it in respect of the property have been paid or provision made to its satisfaction. The purchaser at a sale in execution acquires rights only against the sheriff and not the body corporate. The body corporate is not bound by the conditions of sale and its statutory rights remain unaffected. The high court's order requiring the body corporate to issue a clearance certificate and to institu…
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Northcliff Ridge Homeowners Association and Another v Swart NO and Others (004567/2022) [2023] ZAGPJHC 387 (13 April 2023)
The High Court granted leave to appeal, holding that another court could differ on which homeowners’ association rules applied and whether there was non-compliance.
Retief Swart N.O. and Others v Northcliff Ridge Homeowners Association and Others (2022/004567) [2023] ZAGPJHC 215 (10 March 2023)
The High Court ordered a homeowners association to issue a clearance certificate for a property transfer after finding the owners had met their obligations.
K2021134577 (South Africa) (Pty) Ltd v Emerald Safari Resort (Pty) Ltd t/a Emerald Hotel Resort & Casino South Africa (LM191Mar22) [2022] ZACT 21; [2022] 2 CPLR 34 (CT) (27 July 2022)
The Competition Tribunal approved the merger between K2021134577 and Emerald Safari Resort subject to conditions in Annexure A and ordered a merger clearance certificate.
Van Vuuren v Roets and Others (37407/2018) [2019] ZAGPJHC 286; [2019] 4 All SA 583 (GJ); 2019 (6) SA 506 (GJ) (3 September 2019)
The Full Court held that the High Court does not have jurisdiction, as a court of first instance, to terminate debt review under the National Credit Act. The statutory scheme provides that exit from debt review is regulated by section 71, which requires a clearance certificate from a debt counsellor, and if refused, recourse lies with the National Consumer Tribunal. The Magistrates Court is empowered to reject a debt counsellor's proposal where no rearrangement order has been made, but once such an order exists, only satisfaction of the statutory requirements allows for exit. The High Court's…
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Du Toit v Benay Sager (NCRD2484) t/a Debt Busters and Others (16226/17) [2017] ZAWCHC 141 (17 November 2017)
The High Court held that a consumer must use the National Credit Act’s statutory remedies before seeking declaratory relief about debt review status.
Sager and Another v African Bank Limited and Others (NCT/67516/2016/165(1)(P)) [2017] ZANCT 65 (15 May 2017)
The National Consumer Tribunal varied a consent order to include the consumer’s identity number and confirmed the debt-rearrangement payment structure.
Magadze v ADCAP, Ndlovu v Koekemoer (57186/2016) [2016] ZAGPPHC 1115 (2 November 2016)
The court held that the amendments to section 71 of the National Credit Act do not confer new powers on debt counsellors to terminate debt review proceedings. Only a court may declare a consumer no longer over-indebted and order the removal of the debt review status from credit bureau records. The issuance of a clearance certificate under section 71 triggers the expungement of certain records but does not erase the fact that the consumer was previously under debt review. The court found that, given the applicants' improved financial circumstances and compliance with statutory requirements, th…
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