The main aim of the new National Credit Act (NCA) is to prevent over-indebtedness and to provide more accessible structures for dispute resolution. Among other solutions, the NCA aims to achieve this by creating a more transparent platform, which bodes well for debtors and creditors alike. In a major breakthrough since the Act’s inception, credit [...]
Tag Archivescivil litigation
New Magistrates Court Rules: Does a summons still lapse? How does this influence prescription?
On 15 October 2010 the Rules Regulating the Conduct of the Proceedings of the Magistrate’s Courts of South Africa (generally referred to as the magistrates’ courts rules and referred to here as the ‘new rules’) came into effect. The new rules repealed the rules published in 1968 (‘old rules’). The changes were designed to align [...]
Rescission of judgement applications in the High and Magistrate’s courts
According to the IOL website, “46.5 percent of credit-active consumers – 8.61 million people – have apparently notbeen making their payments as they should.” This often results in judgements granted by a court and in many cases debtors neglect to defend the actions instituted against them (i.e. a summons). This results in the court granting [...]
