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South Africa Case Law

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Banking And Finance [2017] ZAKZPHC 58

Less v Vosloo and Others (7520/17P)

Less v Vosloo and Others (7520/17P) [2017] ZAKZPHC 58 (22 September 2017)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
7520/17P
Judge
Bezuidenhout

The court held that the applicant could not be declared no longer over indebted and released from debt review because the statutory requirements of the National Credit Act had not been complied with. Specifically, no application for debt review had been issued and filed at the magistrate's court, and no court order had been granted confirming over indebtedness or restructuring. The debt counsellor does not have the statutory power to withdraw or terminate the debt review process, and judicial oversight is required for any declaration of over indebtedness. The process is only instituted once t…

Source excerpt

  • National Credit Act
  • Debt Review
  • Over Indebtedness
  • Judicial Oversight
  • Credit Bureau Removal
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Banking And Finance [2017] ZAKZPHC 60

Ngcongo v Roets t/a Debt Rescue and Others (7521/17P)

Ngcongo v Roets t/a Debt Rescue and Others (7521/17P) [2017] ZAKZPHC 60 (22 September 2017)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
7521/17P
Judge
Bezuidenhout

The court held that the debt counsellor failed to comply with the statutory requirements of the National Credit Act by not issuing and filing the application for a declaration of over indebtedness and restructuring at the magistrate's court. Without judicial oversight and a court order, no valid declaration of over indebtedness or restructuring exists. The applicant did not provide sufficient disclosure of his debts and repayments to establish that he was no longer over indebted. The process adopted by the debt counsellor was procedurally flawed, and the relief sought by the applicant could n…

Source excerpt

  • National Credit Act
  • Debt Review Process
  • Judicial Oversight
  • Over Indebtedness
  • Credit Bureau Removal
Read case analysis

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.