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Aspects of debt enforcement under the National Credit Act 34 of 2005.
Mini Dissertation (LLM)--University of Pretoria, 2015.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2015
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| _version_ | 1867613481700687872 |
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| access_status_str | Open Access |
| author2 | Renke, Stefan |
| author_browse | Renke, Stefan |
| author_facet | Renke, Stefan |
| collection | Thesis |
| dc_rights_str_mv | © 2015 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)--University of Pretoria, 2015. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/50688 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:50.456Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2015 |
| publishDateRange | 2015 |
| publishDateSort | 2015 |
| 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:2263/50688 Aspects of debt enforcement under the National Credit Act 34 of 2005. Renke, Stefan nontembeko.mathe@labour.gov.za Mathe-Ndlazi, Nontembeko UCTD National credit act 34 of 2005 National credit amendment act 19 of 2014 Consumer protection Law theses SDG-08 Law theses SDG-16 SDG-08: Decent work and economic growth SDG-16: Peace, justice and strong institutions Mini Dissertation (LLM)--University of Pretoria, 2015. This dissertation investigates the procedural aspects of debt enforcement under the National Credit Act 34 of 2005 (the “NCA”). It identifies some problematic areas that existed in the debt enforcement process which were clarified by the recent court decisions and the proposed National Credit Amendment Act 19 of 2014. It further identifies certain aspects relating to enforcement procedures that still needs the legislature’s attention and proposes potential solutions thereto. As discussed in this research, the NCA introduced compulsory debt enforcement procedures. It must be pointed out that although the repealed Credit Agreements Act 75 of 1980 had similar provisions, the enforcement provisions contained in the NCA are more extensive and differ significantly from those in the repealed credit legislation. These enforcement procedures are in line with the main purpose of the NCA which is to protect consumers. A balanced interpretation of the provisions of the NCA must, however, be maintained in order to protect the interests of both the consumer and the credit provider. It is clear from the provisions of the NCA that the legislature considered the protection of consumers as a priority. However, some ambiguities in the NCA provisions have allowed this intention to protect consumers to be subjected to legal scrutiny by means of legal proceedings and in the result, disadvantaging the same consumers it seeks to protect. This research further illustrates that although the NCA is designed to protect consumers, it is not one of the well drafted legislations. There are still some areas of concern regarding the interpretation of its provisions. In conclusion, it has been recommended that certain provisions of the NCA should be considered for amendment in order to clear ambiguities that may have been created by poor draftsmanship. tm2015 Private Law LLM Unrestricted 2015-11-25T09:47:17Z 2015-11-25T09:47:17Z 2015/09/01 2015 Mini Dissertation Mathe-Ndlazi, N 2015, Aspects of debt enforcement under the National Credit Act 34 of 2005., LLM Mini-dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/50688> S2015 http://hdl.handle.net/2263/50688 en © 2015 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 National credit act 34 of 2005 National credit amendment act 19 of 2014 Consumer protection Law theses SDG-08 Law theses SDG-16 SDG-08: Decent work and economic growth SDG-16: Peace, justice and strong institutions Aspects of debt enforcement under the National Credit Act 34 of 2005. |
| title | Aspects of debt enforcement under the National Credit Act 34 of 2005. |
| title_full | Aspects of debt enforcement under the National Credit Act 34 of 2005. |
| title_fullStr | Aspects of debt enforcement under the National Credit Act 34 of 2005. |
| title_full_unstemmed | Aspects of debt enforcement under the National Credit Act 34 of 2005. |
| title_short | Aspects of debt enforcement under the National Credit Act 34 of 2005. |
| title_sort | aspects of debt enforcement under the national credit act 34 of 2005 |
| topic | UCTD National credit act 34 of 2005 National credit amendment act 19 of 2014 Consumer protection Law theses SDG-08 Law theses SDG-16 SDG-08: Decent work and economic growth SDG-16: Peace, justice and strong institutions |
| url | http://hdl.handle.net/2263/50688 |