ACCEPTANCE BY THE COURTS OF DELIVERY OF S129 NOTICES BY WAY OF REGISTERED DIGITAL COMMUNICATION
Tuesday, October 24, 2023
The South African courts have been stringent over the years on how the application of the National Credit Act is utilised so as to protect the rights of consumers against creditors, particularly in the manner in which processes and notices are delivered to consumers.
Traffic Lights, Proudly Powered by MacRobert Attorneys
Wednesday, June 14, 2023
A partnership between MacRobert Attorneys and the City of Tshwane
THE ROAD ACCIDENT FUND - A GHOST LITIGANT
Wednesday, March 29, 2023
For many years, Road Accident Fund (RAF) litigation was an entry into legal practice. Candidate attorneys learned the finer details of civil procedure, junior attorneys could start their own practices and junior counsel had work. Oh, how the legal landscape has changed...
THE PROCEDURE TO SURRENDER GOODS UNDER INSTALMENT AGREEMENTS IN TERMS OF THE NATIONAL CREDIT ACT 34 OF 2005
Tuesday, March 14, 2023
Many consumers find themselves in a position where they are unable to meet their financial obligations and face the risk of having assets which they have financed, repossessed by credit providers due to lack of payment
The effect of a consumer's change of address on a plea of prescription
Wednesday, February 15, 2023
Section 96(1) of the National Credit Act (NCA) requires notices to be delivered at the address provided by the recipient, being the consumer.
INTERIM PAYMENTS IN ROAD ACCIDENT CLAIMS
Tuesday, January 24, 2023
Rule 34A interim payment procedure is available to a person who sustained injuries in a road accident as well as the dependents of a deceased road accident victim.
Global Trend Towards Mediation
Friday, November 18, 2022
The global trend is towards an increased use of mediation as the preferred method to resolve disputes.
Social media: When can the right to freedom of expression be limited by the right to privacy?
Monday, June 6, 2022
In today's modern world, social media is an inextricable part of how we as a society function.
STRIKING A BALANCE BETWEEN SECTION 26 OF THE CONSTITUTION AND RULE 46A OF THE UNIFORM RULES OF COURT
Wednesday, May 4, 2022
This article dives into the application and influence of Rule 46A of the Uniform Rules of Court, weighed up against ones fundamental right to adequate housing in terns of secrion26 of the Constitution of South Africa, moreso whether the application of rule 46A can create a limitation on ones right to adequate housing.
CLARITY SOUGHT ON THE DRAFTING IMPERFECTIONS OF THE NATIONAL CREDIT ACT.
Tuesday, July 14, 2020
As emphasised by the Supreme Court of Appeal, The National Credit Act is not a model of clarity and the unclear provisions of the Act were once again placed in the spotlight. The Act’s inconsistencies and the subsequent confusion has required the Courts to provide guidance in the application and interpretation of the Act. This time the Court was required to provide guidance in respect of the principle of common law set-off and the statutory provisions of the Act. The court decided that the provisions of the Act intended to amend the common law position and that any set-off on all credit agreements should be subject to the provisions of the National Credit Act.