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The re-instatement of credit agreements under the National Credit Act 34 of 2005
Dissertation (LLM)--University of Pretoria, 2018.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2019
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| _version_ | 1867613614815313920 |
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| access_status_str | Open Access |
| author2 | Brits, Reghard |
| author_browse | Brits, Reghard |
| author_facet | Brits, Reghard |
| collection | Thesis |
| dc_rights_str_mv | © 2019 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 | Dissertation (LLM)--University of Pretoria, 2018. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/70082 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:38:57.201Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2019 |
| publishDateRange | 2019 |
| publishDateSort | 2019 |
| 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:2263/70082 The re-instatement of credit agreements under the National Credit Act 34 of 2005 Brits, Reghard u10428144@tuks.co.za Dlamini, Phetsile Promise UCTD Dissertation (LLM)--University of Pretoria, 2018. Section 129(3) and (4) of the National Credit Act 34 of 2005 contains a special consumer protection mechanism commonly referred to as the right to “reinstate” a credit agreement. The general concept is that a consumer who has defaulted on his payment obligation has the right to reinstate the agreement by getting the arrears up to date and by paying certain costs. Successful reinstatement would then prevent the credit provider from enforcing or cancelling the agreement, while any ongoing enforcement action is also overturned. This right to reinstate is not absolute and thus subsection (4) provides for a number of events after which it can no longer take place. The original wording of section 129(3) and (4) led to some confusion and even litigation that reached all the way to the Constitutional Court. The subsections were also amended in 2015 in an attempt to provide clarity. However, it is unclear whether these amendments have truly resulted in the desired clarification and legal certainty. Therefore, the purpose of this dissertation is to investigate the reinstatement mechanism in detail – starting with an historical overview of similar concepts that existed prior to the NCA. The position pre and post the 2015 amendments are then analysed in order to determine the current interpretation of these provisions, to assess whether the contradictions in the original subsections were addressed properly, and to identify any remaining problems in the present version of the subsections. A strong emphasis is on analysing case law and academic commentaries on this topic, and to ask questions regarding the future of this consumer credit mechanism. Mercantile Law LLM Unrestricted 2019-06-02T11:40:02Z 2019-06-02T11:40:02Z 2019/04/04 2018 Dissertation Dlamini, PP 2018, The re-instatement of credit agreements under the National Credit Act 34 of 2005, LLM Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/70082> A2019 http://hdl.handle.net/2263/70082 en © 2019 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 The re-instatement of credit agreements under the National Credit Act 34 of 2005 |
| title | The re-instatement of credit agreements under the National Credit Act 34 of 2005 |
| title_full | The re-instatement of credit agreements under the National Credit Act 34 of 2005 |
| title_fullStr | The re-instatement of credit agreements under the National Credit Act 34 of 2005 |
| title_full_unstemmed | The re-instatement of credit agreements under the National Credit Act 34 of 2005 |
| title_short | The re-instatement of credit agreements under the National Credit Act 34 of 2005 |
| title_sort | re instatement of credit agreements under the national credit act 34 of 2005 |
| topic | UCTD |
| url | http://hdl.handle.net/2263/70082 |