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South Africa Case Law

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Commercial And Corporate [2024] ZANCT 31

Forrest v Malabar Hill (Pty) Ltd (NCT/287104/2023/75(2)(b))

Forrest v Malabar Hill (Pty) Ltd (NCT/287104/2023/75(2)(b)) [2024] ZANCT 31 (31 August 2024)

The Tribunal found a custom-made carpet did not match the ordered colour and size, held the CPA was breached, and ordered a full refund.

  • Consumer Protection Act
  • Prohibited Conduct
  • Refund Rights
  • Special Order Agreement
  • Plain Language Requirement
  • Consumer-protection-act
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Civil Procedure [2018] ZAWCHC 136

Changing Tides 17 (Proprietary) Limited v Turner; Changing Tides 17 (Proprietary) Limited NO and Others (5773/18; 9707/18)

Changing Tides 17 (Proprietary) Limited v Turner; Changing Tides 17 (Proprietary) Limited NO and Others (5773/18; 9707/18) [2018] ZAWCHC 136 (26 September 2018)

The High Court postponed two unopposed default judgment applications and required the plaintiff to clarify interest calculations, acronyms, and linked agreements.

  • Default Judgment
  • Interest Rate Calculation
  • Plain Language Requirement
  • Consumer Protection
  • Bonded Property Execution
  • Default-judgment
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Commercial And Corporate [2017] ZAKZDHC 26

Four Wheel Drive Accessory Distribution CC v Rattan NO (6916/13)

Four Wheel Drive Accessory Distribution CC v Rattan NO (6916/13) [2017] ZAKZDHC 26; 2018 (3) SA 204 (KZD) (4 July 2017)

High Court dismissed a car hire company’s claim for repair costs, finding it lacked locus standi and that the unreadable agreement was unenforceable.

  • Consumer Protection Act
  • Locus Standi
  • Standard Form Contracts
  • Plain Language Requirement
  • Public Policy In Contracts
  • Unconscionable Conduct
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Civil Procedure [2016] ZAGPJHC 107

Firstrand Bank Limited v Moodley (2015/28061)

Firstrand Bank Limited v Moodley (2015/28061) [2016] ZAGPJHC 107 (10 May 2016)

The court granted judgment for the bank’s monetary claim but postponed the request to declare the respondent’s home specially executable.

  • Mortgage Enforcement
  • National Credit Act Compliance
  • Special Executability
  • Reckless Lending
  • Rule 46 Execution
  • Plain Language Requirement
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Commercial And Corporate [2016] ZACGSO 7

Aggreement: Plain Language (201512-0005391)

Aggreement: Plain Language (201512-0005391) [2016] ZACGSO 7 (22 January 2016)

The Ombud found Team X’s agreement was not in plain language and construed it in the consumer’s favour, allowing claims for events during the membership year.

  • Plain Language Requirement
  • Consumer Protection Act
  • Unfair Contract Terms
  • Contra Proferentem Rule
  • Plain-language-requirement
  • Consumer-protection-act
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Civil Procedure [2010] ZAGPPHC 105

African Bank Limited v Additional Magistrate Myambo NO and Others (34793/2008)

African Bank Limited v Additional Magistrate Myambo NO and Others (34793/2008) [2010] ZAGPPHC 105 (9 September 2010)

Minority judgment urging stronger safeguards for consent judgments under section 58, including mandatory referrals where NCA compliance, debt computation, or affordability is doubtful.

  • Magistrates Courts Act Section 58
  • National Credit Act Compliance
  • Consumer Protection
  • Plain Language Requirement
  • Affordability Calculation
  • Reckless Credit
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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.