In this video, Brett Bentley explores the registration requirements for a business tobe required to register as a credit provider in terms of the befuddling SouthAfrican National Credit Act. Section 40 (1) of the National Credit Act , “ A person must apply to be registered as a credit provider if the total principal debt […]
Legal opinions & compliance
offering professional legal opinions & compliance
Appellate Judge Malan said in his land mark judgment on the NCA, “Unfortunately, the National Credit Act cannot be described as the ‘best drafted Act of Parliament which was ever passed, nor can the draftsman be said to have been blessed with the ‘draftsmanship of a Chalmers’.” Sir Mackenzie Dalzell Chalmers was a renowned British legislative draftsman. The result has been that there has been much ambiguity surrounding the interpretation of the NCA and plethora of cases on the Act’s interpretation.
The National Credit Act is not alone and the other two Acts drafted by the same draftsman, the Consumer Protection Act and the new Companies Act has also proved problematic. Therefore, getting a proper legal understanding of these Acts and insuring that your business complies is vital.
Our in-depth knowledge in credit and debt collection laws allows us to give sound expert opinions in these areas of law and ensure compliance.
We have provided opinions to numerous banks, retailers, companies and attorneys on legal issues in this area of law and we can assist you too.
Recent Posts on Legal opinions & compliance
In this video, Brett Bentley explores the legalities of registered mail as a means of legal communication and how the Electronic Communications and Transactions Act can bring this process into the 21st century. He also discusses the central role that the South African Post Office is legally required to play in this process
The Test for NCA Applicability The National Credit Act No. 34 of 2005 (“the NCA” or “Act”) has had a significant impact on transactions involving deferred payment and interest in South Africa. However, it has almost become trite law to refer to the interpretive challenges that arise out of the poor drafting, while at the […]