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South Africa Case Law

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Civil Procedure [2019] ZAGPPHC 12

Human v Haynes and Another (61708/2011)

Human v Haynes and Another (61708/2011) [2019] ZAGPPHC 12 (31 January 2019)

Court
North Gauteng High Court, Pretoria
Case number
61708/2011
Judge
M J Teffo

The court found that the written loan agreement was not simulated and did not form part of a larger business arrangement. No credible evidence supported the existence of an oral agreement superseding the written contract. The agreement constituted a credit agreement under the National Credit Act, and the plaintiff, having advanced more than the statutory threshold, was obliged to register as a credit provider. His failure to do so rendered the credit agreement void. The plaintiff could not recover under contract but was entitled to claim under unjustified enrichment. The first defendant recei…

Source excerpt

  • National Credit Act
  • Unjustified Enrichment
  • Credit Provider Registration
  • Simulated Transaction
  • Condictio Ob Turpem
  • Mora Interest
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Commercial And Corporate [2014] ZAWCHC 122

Parow Motorhandelaars (Pty) Ltd v Parker (17638/2012)

Parow Motorhandelaars (Pty) Ltd v Parker (17638/2012) [2014] ZAWCHC 122 (18 August 2014)

Court
Western Cape High Court, Cape Town
Case number
17638/2012
Judge
Binns-Ward

The court found that the credit agreement was structured to disguise a substantial initiation fee as part of the capital loan, in direct contravention of the National Credit Act and its regulations. The fee far exceeded the statutory maximum and was not disclosed as required, undermining the Act’s objectives of consumer protection, transparency, and fairness. The contract’s formulation constituted fraud on the Act and materially frustrated its purposes. Severance was not appropriate, as it would result in a contract fundamentally different from that intended by the parties. The agreement was…

Source excerpt

  • National Credit Act
  • Initiation Fee
  • Contract Illegality
  • Severability
  • Condictio Ob Turpem
  • Consumer Protection
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.