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Banking And Finance [2019] ZAGPPHC 428

Janse van Vuuren v Roets and Others, Nel v Roets and Others (37407/2018)

Janse van Vuuren v Roets and Others, Nel v Roets and Others (37407/2018) [2019] ZAGPPHC 428 (3 September 2019)

The Full Court held that the High Court does not have jurisdiction as a court of first instance to terminate debt review under the National Credit Act. The statutory scheme provides specific remedies for consumers seeking release from debt review, notably section 71, which prescribes the procedure for termination after a rearrangement order. Where no rearrangement order exists, the consumer may present further facts to the magistrate under section 87. The concepts of over-indebtedness and debt review are statutory creations, and the courts' powers are strictly delineated by the Act. Any anoma…

  • National Credit Act
  • Debt Review Termination
  • High Court Jurisdiction
  • Over Indebtedness
  • Section 71 Remedy
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