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Van Wyk v Regional Magistrate Mbululu and Another (CA115/2022) [2024] ZAECMKHC 16 (30 January 2024)
The High Court dismissed an appeal against cancellation of an instalment agreement, holding no fresh section 129 notice was needed and debt review was not pending.
Absa Bank Ltd v O'Connor (385/2012) [2012] ZAWCHC 152 (13 March 2012)
The court held that the plaintiff was entitled to terminate the debt review in terms of section 86(10) of the National Credit Act after the review was not completed within 60 business days. The notice of termination was properly served by telefax, as section 168 of the Act does not restrict the means of delivery and 'delivered' is interpreted broadly. The defendant's reliance on sections 88(3), 86(11), 130(3)(c)(i), and 130(4)(c) was misplaced, as the cancellation of the agreement was competent and effective, and no cogent financial details were provided to justify resumption of debt review.…
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