South Africa Case Law

National Credit Regulator v Lewis Stores (Pty) Ltd and Another (937/18)

National Credit Regulator v Lewis Stores (Pty) Ltd and Another (937/18) [2019] ZASCA 190; 2020 (2) SA 390 (SCA); [2020] 2 All SA 31 (SCA) (13 December 2019)

Court

Supreme Court of Appeal

Case number

937/18

Judges

Wallis, Nicholls, Dlodlo, Eksteen, Hughes

The Supreme Court of Appeal held that the errors in the documentation of extended warranties did not render the agreements void or unlawful, as the actual agreements between Lewis and its customers were honoured and provided the intended two-year cover beyond the supplier's warranty. The written document is evidence of the agreement, not a constitutive requirement, and extrinsic evidence may be considered where there is no dispute as to the substance of the agreement. Club fees were found to be unrelated to the credit agreement, optional, and not a cost of credit under the National Credit Act…

Source excerpt

• National Credit Act
• Extended Warranty Agreements
• Cost Of Credit
• Club Fees
• Statutory Appeals
• Leave To Appeal Procedure

Edcon Holdings Limited v National Consumer Tribunal and Another (A237/2017)

Edcon Holdings Limited v National Consumer Tribunal and Another (A237/2017) [2018] ZAGPPHC 372; 2018 (5) SA 609 (GP) (24 May 2018)

Court

North Gauteng High Court, Pretoria

Case number

A237/2017

Judges

J W Louw, Mdalana AJ

The High Court held that Edcon’s optional club fee was not a cost of credit under section 101 of the National Credit Act and upheld the appeal.

• National Credit Act
• Cost Of Credit
• Club Fees
• Declaratory Relief
• National-credit-act
• Cost-of-credit