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South Africa decisions
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Asmal v Essa (38/2013) [2014] ZASCA 62; [2014] 3 All SA 115 (SCA); 2016 (1) SA 95 (SCA) (14 May 2014)
The Supreme Court of Appeal held that the loan arrangements were not credit agreements under the National Credit Act, so provisional sentence on the cheques was competent.
ABSA Bank Bpk v Van Niekerk NO and Others (596/2012) [2012] ZAFSHC 46 (22 March 2012)
The court confirmed ABSA’s interim order to perfect security under general notarial bonds, holding the National Credit Act did not bar the application.
ABSA Bank Limited v Bianca Cara Prochaska t/a Bianca Cara Interiors (14839/2007) [2008] ZAKZHC 64; 2009 (2) SA 512 (D) (30 July 2008)
The court held that the applicant failed to comply with the procedural requirements of sections 129 and 130 of the National Credit Act. The notices of default relied upon by the applicant were not delivered to the respondent at her chosen domicilium as stipulated in the credit agreement and required by the Act and regulations. The Act imposes a stricter obligation than previous legislation, requiring actual delivery of the notice to the address chosen by the consumer. The applicant did not establish that the respondent received notice at the correct address, nor did it provide evidence of a c…
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