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South Africa Case Law

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Civil Procedure [2019] ZANCT 148

Magaya and Another v First National Bank a Division of Firstrand Bank Limited and Another (NCT/133952/2019/165)

Magaya and Another v First National Bank a Division of Firstrand Bank Limited and Another (NCT/133952/2019/165) [2019] ZANCT 148 (9 September 2019)

The National Consumer Tribunal dismissed a debt counsellor’s section 165 application to vary a debt rearrangement order after no party appeared at the hearing.

  • Debt Review
  • Variation Of Tribunal Order
  • Non Appearance
  • National Credit Act
  • Debt-review
  • Non-appearance
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Banking And Finance [2017] ZANCT 121

Sager and Others v Absa Bank Limited and Others (NCT/87585/2017/165)

Sager and Others v Absa Bank Limited and Others (NCT/87585/2017/165) [2017] ZANCT 121 (25 October 2017)

The Tribunal varied a debt re-arrangement order to include an omitted BMW interest-rate term, finding the omission was an obvious error under section 165 of the National Credit Act.

  • Debt Restructuring
  • Variation Of Tribunal Order
  • National Credit Act
  • Default Proceedings
  • Debt-restructuring
  • Variation-of-order
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Civil Procedure [2015] ZANCT 5

Nedbank Limited v Mahlangu and Others (NCT/17147/2014/165)

Nedbank Limited v Mahlangu and Others (NCT/17147/2014/165) [2015] ZANCT 5 (23 February 2015)

The National Consumer Tribunal dismissed Nedbank’s application to vary a debt re-arrangement order, finding no statutory basis under section 165 of the NCA.

  • Variation Of Tribunal Order
  • National Credit Act
  • Debt Rearrangement
  • Section 165 Nca
  • National-credit-act
  • Debt-rearrangement
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Competition Law [2003] ZACT 39

Astral Foods Limited and Daybreak Farms (Pty) Ltd / Midway Chix (Pty) Ltd / Competition Commission / Mike's Chicken (Pty) Ltd (69/AM/Dec01)

Astral Foods Limited and Daybreak Farms (Pty) Ltd / Midway Chix (Pty) Ltd / Competition Commission / Mike's Chicken (Pty) Ltd (69/AM/Dec01) [2003] ZACT 39 (18 July 2003)

The Tribunal clarified that existing supply contracts survived a merger order, but deleted an ambiguous five-year duration clause and granted declaratory relief.

  • Merger Conditions
  • Variation Of Tribunal Order
  • Contractual Effect Of Merger Conditions
  • Definition Of Independent Customer
  • Competition-law
  • Merger-conditions
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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.