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Aspects of debt enforcement in terms of the National Credit Act 34 of 2005
Mini Dissertation (LLM (Mercantile Law))--University of Pretoria, 2024.
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| Format: | Thesis |
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University of Pretoria
2025
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| _version_ | 1867613508790648832 |
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| access_status_str | Open Access |
| author2 | Renke, Stephan |
| author_browse | Renke, Stephan |
| author_facet | Renke, Stephan |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM (Mercantile Law))--University of Pretoria, 2024. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/101145 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:16.203Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/101145 Aspects of debt enforcement in terms of the National Credit Act 34 of 2005 Renke, Stephan u24017699@tuks.co.za Dlamini, Dumsile (Dladla) UCTD Sustainable Development Goals (SDGs) National Credit Act 2005 Debt Section 129 (1) (a) notice Enforcement Procedure Mini Dissertation (LLM (Mercantile Law))--University of Pretoria, 2024. The Usury Act 73 of 1968 and the Credit Agreements Act 75 of 1980 have governed consumer credit regulation in South Africa for more than 25 years. When South Africa became of democracy, it was clear that the financial credit market was ill suited to the country’s post-apartheid economy and, by extension, society. Kelly-Louw states that the financial credit market was “… characterised by discrimination, a lack of transparency, limited competition, high costs of credit, and limited consumer protection. The mechanism to prevent over-indebtedness that were in place at the time, could also not adequately promote the rehabilitation of consumers, and the available debt relief could also not assist already over-indebted consumers to deal with their debt.” This dissertation considers the prescriptions laid down in section 129(1)(a) of the National Credit Act 34 of 2005 (“NCA” or “Act”), which are pivotal in the debt enforcement of credit agreements. Section 129(1)(b), read with sections 130(1) and 130 (3)(a) of the Act, in essence encumbers a credit provider with the duty to deliver a section 129(1)(a) notice to the consumer prior to debt enforcement. It is noteworthy that debt enforcement is a lengthy, two-pronged procedure. This dissertation considers both aspects of debt enforcement; however, the focus is on the first stage of the process, which pertains to the required procedures prior to debt enforcement. The Act does not expressly define “delivered”, and, as such, inferences are taken from other sections to give effect to sections 129 and 130 of the Act. It is the very lack of a definition that has resulted in courts burdened with cases served before them for interpretation of the delivery of the statutory notice. In this dissertation, the Act’s varying provisions on “delivery” are considered and analysed, to determine and recommend, firstly, harmonisation of the conflicting sections within the Act and, secondly, other legislative enactments that have a bearing on the delivery of legal documents and, in particular, those that are mandatory for procedures in court, Lastly, the dissertation addresses the plethora of stare decisis that has served before the highest courts in the land, with a focus on landmark case. Mercantile Law LLM (Mercantile Law) Unrestricted Faculty of Laws SDG-09: Industry, innovation and infrastructure 2025-02-21T11:46:31Z 2025-02-21T11:46:31Z 2025-04 2024 Mini Dissertation * A2025 http://hdl.handle.net/2263/101145 https://:library.up.ac.za en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Sustainable Development Goals (SDGs) National Credit Act 2005 Debt Section 129 (1) (a) notice Enforcement Procedure Aspects of debt enforcement in terms of the National Credit Act 34 of 2005 |
| title | Aspects of debt enforcement in terms of the National Credit Act 34 of 2005 |
| title_full | Aspects of debt enforcement in terms of the National Credit Act 34 of 2005 |
| title_fullStr | Aspects of debt enforcement in terms of the National Credit Act 34 of 2005 |
| title_full_unstemmed | Aspects of debt enforcement in terms of the National Credit Act 34 of 2005 |
| title_short | Aspects of debt enforcement in terms of the National Credit Act 34 of 2005 |
| title_sort | aspects of debt enforcement in terms of the national credit act 34 of 2005 |
| topic | UCTD Sustainable Development Goals (SDGs) National Credit Act 2005 Debt Section 129 (1) (a) notice Enforcement Procedure |
| url | http://hdl.handle.net/2263/101145 https://:library.up.ac.za |