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The Section 129(1)(a) notice in terms of the National Credit Act 34 of 2005 and the Constitution
Dissertation (LLM (Banking Law))--University of Pretoria, 2023.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2023
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| _version_ | 1867613506267774976 |
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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 | © 2022 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 (Banking Law))--University of Pretoria, 2023. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/89549 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:13.890Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| 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:2263/89549 The Section 129(1)(a) notice in terms of the National Credit Act 34 of 2005 and the Constitution Renke, Stefan kelmadumo@gmail.com Madumo, Kagisho Eric Letlhogonolo UCTD Consumer credit law Credit agreement Credit provider Dissertation (LLM (Banking Law))--University of Pretoria, 2023. Section 129(1)(a), read in conjunction with section 130(1)(a) of the National Credit Act 34 of 2005 (“NCA”), imposes a requirement on a credit provider to deliver a notice that brings a default in terms of a credit agreement to the notice of the consumer prior to instituting legal proceedings to enforce the agreement. Previously, there was uncertainty with regard to what constitutes delivery of a section 129(1)(a) notice by a credit provider, as section 129 of the NCA did not prescribe a method of delivery, and the courts thus had to determine what constituted delivery. The issue was determined on two occasions by the Constitutional Court (“CC”), with the second occasion clarifying the legal position taken by the CC in the first occasion. Consequently, the legislature amended section 129 of the NCA to prescribe a method of delivery. This dissertation interrogates the notice in terms of section 129(1)(a) of the NCA and its interpretation with reference to the Constitution of the Republic of South Africa, 1996, and recommends steps for credit providers to comply with the requirements of such notice. Mercantile Law LLM (Banking Law) Unrestricted 2023-02-15T09:23:54Z 2023-02-15T09:23:54Z 2023-05-15 2023 Dissertation * A2023 https://repository.up.ac.za/handle/2263/89549 en © 2022 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 Consumer credit law Credit agreement Credit provider The Section 129(1)(a) notice in terms of the National Credit Act 34 of 2005 and the Constitution |
| title | The Section 129(1)(a) notice in terms of the National Credit Act 34 of 2005 and the Constitution |
| title_full | The Section 129(1)(a) notice in terms of the National Credit Act 34 of 2005 and the Constitution |
| title_fullStr | The Section 129(1)(a) notice in terms of the National Credit Act 34 of 2005 and the Constitution |
| title_full_unstemmed | The Section 129(1)(a) notice in terms of the National Credit Act 34 of 2005 and the Constitution |
| title_short | The Section 129(1)(a) notice in terms of the National Credit Act 34 of 2005 and the Constitution |
| title_sort | section 129 1 a notice in terms of the national credit act 34 of 2005 and the constitution |
| topic | UCTD Consumer credit law Credit agreement Credit provider |
| url | https://repository.up.ac.za/handle/2263/89549 |