ARTICLE · 02 SEPTEMBER 2020

NCA Section 129(1)(a) Notice – A Practical Perspective On The Interpretative Challenge

Bentley Attorneys

Below is a copy of the article with originally appeared in the April 2019 edition of the official South African attorneys' journal De Rebus.

South AfricaConsumer Protection

Brett Bentley

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NCA s 129(1)(a) notice - A Practical Perspective on the Interpretative Challenge

The National Credit Act 34 of 2005 (NCA) in modern South Africa, has been the focus of many legal cases, mostly dealing with the interpretation of its meaning, one of the largest contributors being the provisions of s 129(1)(a). The purpose of this article is not a legal analysis of applicable case law on s 129(1)(a) but rather a practical critique of the poor drafting of this subsection that has rendered its effectiveness and application problematic. Moreover, there are core shortcomings, which are being largely ignored and not receiving proper redress.

Jurisprudence on s 129(1)(a) notices has challenged credit providers and legal practitioners alike. Any credit provider or legal practitioner dealing with, what should be a simple matter of sending a registered letter, seems bound to have to read the latest judgments on the requirements thereof, only to be condemned later to repeat

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NCA Section 129(1)(a) Notice – A Practical Perspective On The Interpretative Challenge

NCA s 129(1)(a) notice - A Practical Perspective on the Interpretative Challenge

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