Predatory lending and safeguards in the National Credit Act
Our director Matthew Thomson recently spoke with business and finance journalist Fiona Zerbst of JustMoney on the subject of predatory lending and the safeguards of the National Credit Act. JustMoney’s article is available at: https://www.justmoney.co.za/articles/how-to-identify-predatory-lenders/ and below: How to identify predatory lenders Disreputable, or predatory, lenders can trap you in an unsustainable debt cycle. We more...
Electronic signature of sale of immovable property agreements – what’s new?
If you asked a year ago whether you could sign a sale of immovable property agreement electronically, the short answer would have been that an electronically signed agreement of sale is not valid or binding on the parties. With the swift advances in technology, and more people than ever working remotely, there has been a more...
I bought a vehicle from a dealer and found it is defective – now what?
We are receiving an increasing number of queries concerning defects in motor vehicles bought from dealers and this article summarises your rights and possible next legal steps in these circumstances. Requirements and Standards in terms of the CPA In terms of Section 56(2) of the Consumer Protection Act 68 of 2008 (“CPA”) a consumer may more...
COVID-19: Price gouging, panic buying and the spotlight on suppliers: the Minister of Trade and Industry has spoken
COVID-19: Price gouging, panic buying and the spotlight on suppliers: the Minister of Trade and Industry has spoken
Disaster! COVID-19 Crisis and its effects on Contracts
Following the outbreak of the COVID-19 virus and the announcement of a national disaster in terms of the Disaster Management Act 57 of 2002 (“the Act”), South Africans face a time of great uncertainty. We are confronted with situations in our daily lives which most of us have never encountered.
What are your rights when you receive defective or unsafe goods under the Consumer Protection Act
IntroductionThe main aim of the Consumer Protection Act No. 68 of 2008, as amended, (the “CPA”) is to protect the rights of the consumers in South Africa. Although many consumers are aware of the existence of the CPA, not many are familiar with the actual rights relating to the return of defective or unsafe goods more...
Credit providers – Do not forget to comply with Section 129 of the NCA
Before a credit provider takes any action against a consumer that is in arrears, a credit provider must ensure that it has satisfied the provisions of section 129, section 130 and section 168 (which deals with the serving of documents) of the National Credit Act, 2005 (“NCA”). In doing this, a credit provider must provide more...
Why it is important to always have written agreements in place?
We know that many business deals are concluded with a handshake on the golf course or over some drinks after work. Verbal agreements are often also made with a friend or friend of a friend. But do they work? In our experience, they work well until they don’t anymore and then things can turn sour more...
Protecting the ‘unbanked’
In March 2018 the Western Cape High Court delivered a judgment on the validity and effectiveness of the financial assessment mechanisms prescribed by the National Credit Act 34 of 2005 (“the NCA”). This financial assessment is obligatory to all considerations of affordability prior to the extension of credit to a consumer by the relevant credit more...
Can I go to court over a sale on Facebook?
Most (if not all) of our communication is electronic in some form. Gone are the days of paying for a newspaper advertisement or putting posters on lamp posts when you want to sell your old bicycle or that jacket that you bought on a whim! Many of us are part of a “buy and sell” or more...
Is your company a supplier of goods or services?
Is your company a supplier of goods or services? If so, there are many legal and important commercial aspects to consider when you embark on the process of becoming either the original manufacturer of goods, a link in the supply chain, or the final provider of goods or services to consumers. The Consumer Protection Act more...
The Pitfalls of Recommended Retail Pricing
We often see the letters “RRP” and a Rand value printed on the packaging of products that we buy. The acronym stands for Recommended Retail Price and it is usually an indication that the supplier has taken heed of the provisions of the Competition Act 98 of 1998 (“the Act”) on Restrictive Vertical Practices. Essentially, more...