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South Africa Case Law

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Banking And Finance [2022] ZANCT 4

Nel v First National Bank (NCT/165006/2020/141(1)(b))

Nel v First National Bank (NCT/165006/2020/141(1)(b)) [2022] ZANCT 4 (30 January 2022)

The Tribunal recorded that the loan debt had prescribed, the bank would not enforce it, and no costs order was made.

  • Prescription Of Debt
  • Affordability Assessment
  • Leave To Refer
  • Notice Of Non Referral
  • Prescription-of-debt
  • National-credit-act
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Banking And Finance [2019] ZANCT 105

McGinn v Motor Finance Corporation (MFC) A Division of Nedbank Ltd (NCT/110462/2018/141(1)(b))

McGinn v Motor Finance Corporation (MFC) A Division of Nedbank Ltd (NCT/110462/2018/141(1)(b)) [2019] ZANCT 105 (23 May 2019)

The Tribunal dismissed a consumer complaint for lack of jurisdiction, holding that a section 127 National Credit Act dispute involving alleged offence conduct could not be directly referred under section 141(1)(b).

  • National Credit Act
  • Jurisdiction Of Tribunal
  • Unlawful Repossession
  • Surrender Of Goods
  • Notice Of Non Referral
  • National-credit-act
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Civil Procedure [2017] ZANCT 143

Maubert v MTN (Pty) Ltd (NCT/81552/2017/75(1)(b))

Maubert v MTN (Pty) Ltd (NCT/81552/2017/75(1)(b)) [2017] ZANCT 143 (15 December 2017)

The Tribunal dismissed leave to refer a consumer complaint directly after finding the dispute was really an NCA complaint that had first to go to the NCR.

  • Consumer Protection Act
  • Credit Limit Increase
  • Notice Of Non Referral
  • Jurisdiction Of Tribunal
  • National Credit Act Compliance
  • Consumer-protection-act
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Administrative Law [2017] ZANCT 108

Maduna v Vodacom (NCT/32946/2015/140(1)(b))

Maduna v Vodacom (NCT/32946/2015/140(1)(b)) [2017] ZANCT 108 (9 October 2017)

The Tribunal refused leave to refer a consumer dispute directly after the parties settled and no live dispute remained.

  • Consumer Protection Act
  • Leave To Refer
  • Notice Of Non Referral
  • Settlement Agreement
  • Consumer-protection-act
  • Leave-to-refer
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Commercial And Corporate [2016] ZANCT 20

Motswai v House and Home (NCT33263/2015/75(1)(b)CPA)

Motswai v House and Home (NCT33263/2015/75(1)(b)CPA) [2016] ZANCT 20 (7 July 2016)

The Tribunal granted leave to refer a consumer complaint directly after an NCC non-referral, holding the CPA issue arose after the Act’s commencement.

  • Consumer Protection Act
  • Leave To Refer
  • Jurisdiction Of Tribunal
  • Notice Of Non Referral
  • Prescription Of Claims
  • Consumer-protection-act
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Commercial And Corporate [2016] ZANCT 13

Papier v Buildmart Trading (NCT/38312/2016/75(1)(b) CPA)

Papier v Buildmart Trading (NCT/38312/2016/75(1)(b) CPA) [2016] ZANCT 13 (31 May 2016)

The Tribunal refused leave to refer because the consumer contract was concluded in 2008, before the CPA’s effective date, so the Act did not apply.

  • Consumer Protection Act
  • Notice Of Non Referral
  • Jurisdiction
  • Retrospective Application
  • Leave To Refer
  • Consumer-protection-act
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Commercial And Corporate [2014] ZANCT 44

Mapeka v Firstrand Bank Limited (Wesbank) (NCT/14020/2014/141(1))

Mapeka v Firstrand Bank Limited (Wesbank) (NCT/14020/2014/141(1)) [2014] ZANCT 44 (11 November 2014)

The Tribunal dismissed an application for leave to refer a credit dispute directly to it, holding the matter was time-barred and already dealt with by the NCR.

  • National Credit Act
  • Prohibited Conduct
  • Condonation
  • Notice Of Non Referral
  • Enforcement Procedures
  • National-credit-act
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Banking And Finance [2009] ZANCT 5

Van Rooyen v ABSA Bank (NCT/25/2008/149(1)(P))

Van Rooyen v ABSA Bank (NCT/25/2008/149(1)(P)) [2009] ZANCT 5 (30 January 2009)

The Tribunal dismissed an application for interim relief under the National Credit Act, finding no prima facie discrimination and no basis to grant temporary payment relief.

  • Interim Relief
  • Default Order
  • Credit Discrimination
  • Notice Of Non Referral
  • Consumer Rights
  • Interim-relief
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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.