South Africa Case Law

Ratlou v Man Financial Services SA (Pty) Ltd (1309/17)

Ratlou v Man Financial Services SA (Pty) Ltd (1309/17) [2019] ZASCA 49; 2019 (5) SA 117 (SCA) (1 April 2019)

Court

Supreme Court of Appeal

Case number

1309/17

Judges

Lewis, Swain, Dambuza, Carelse, Matojane

The Supreme Court of Appeal held that the settlement agreement, although meeting the literal definition of a credit transaction under s 8(4)(f) of the National Credit Act, should not be governed by the Act because the underlying rental agreements and suretyship were excluded from its ambit. The court found that a purposive interpretation of the NCA was necessary to avoid absurd results and to give effect to the Act's objectives, which focus on protecting consumers in genuine credit transactions. Applying the NCA to settlement agreements arising from non-credit transactions would undermine the…

Source excerpt

• National Credit Act
• Settlement Agreement
• Acknowledgment Of Debt
• Suretyship
• Purposive Interpretation
• Credit Transaction

Vesagie N.O. and Others v Erwee N.O. and Another (734/2013)

Vesagie N.O. and Others v Erwee N.O. and Another (734/2013) [2014] ZASCA 121 (19 September 2014)

Court

Supreme Court of Appeal

Case number

734/2013

Judges

Brand, Bosielo, Shongwe, Majiedt, Gorven

The Supreme Court of Appeal held that a share-sale agreement with deferred payments and interest was a credit transaction under the NCA and void ab initio.

• National Credit Act
• Credit Transaction
• Contract Interpretation
• Registration Of Credit Provider
• National-credit-act
• Credit-transaction