Legal Articles and Guides
President Cyril Ramaphosa has signed into law the controversial National Credit Amendment Bill which is geared to provide relief to over-indebted consumers, according to a Fin24 report.
A full Bench of the Gauteng High Court (Pretoria) has reserved judgment in a case that will determine how they deal with applications from consumers who want to get out of debt review before they have been able to pay off all their debts.
Why yet another warning about cyber-scams in the property industry? It’s because the hard fact is that the criminals are winning this war. In fact we are now reportedly the “second most targeted country in the world with regard to cyber-attacks”.
The courts must take a robust approach towards economic giants who flex their financial muscle to bully unsuspecting consumers to accept flawed goods, and raise all sorts of spurious defences and denials.
Banks can no longer take money from their clients' current accounts to settle their credit card debt thanks to a ruling by the Gauteng High Court (Johannesburg) outlawing the common law practice known as ‘set-off’.
The National Credit Regulator (NCR) has withdrawn its referral of Foschini Retail Group – a subsidiary of listed clothing retailer TFG – to the National Consumer Tribunal for an alleged breach of the National Credit Act.
Volkswagen Financial Services SA (VWFS), which was ordered this week by the National Consumer Tribunal to pay back unlawfully levied fees charged to customers, is to appeal against the ruling. The tribunal ruled on Monday that the on-the-road admin and handling fees charged by Volkswagen Financial Services SA on consumer credit agreements were unlawful.
The Gardens Lodge Body Corporate has been found to have charged a complex unit owner a ‘patently exorbitant’ rate on outstanding levies and/or interest. A Cape Times report says Norbert Ketzer challenged the body corporate in the SCA on an amount of R233 383 – with interest at the rate of 34.8% per annum – compounded monthly for September 2012 until July 2014.
Chicken Licken claims that the name of a vegan restaurant in Durban North, Oh my Soul Café, and its use of the word ‘licken’ in its menu are confusing to customers, and so it is taking the restaurant to court over alleged trademark infringements. Chicken Licken says it needs urgent adjudication, and the dispute is due to be aired before KZN High Court (Durban) Judge Dhaya Pillay this week.
Consumers' struggles with insurance pay-outs were highlighted after OUTsurance received a R65 000 bloody nose from clients who fought and beat the company. According to a report on the IoL site, Vuyisile Ntshangase and her husband Sifiso – both of whom are lawyers – took on OUTsurance after it refused to pay a lodged claim, despite expert mechanics from Mercedes-Benz Bedfordview – an accredited workshop – saying their car’s problematic steering rack was damage caused by entering a pothole, which the insurer covers.
Tenants have emerged victorious in two recent cases before the Rental Tribunal which found that landlords' right to favourable returns on their investments was outweighed by the rights of their tenants to affordable housing. GroundUp reports on two Western Cape tenants who faced eviction by the same landlord.
The National Consumer Commission has proposed a wide-ranging shake-up of legislation to enhance consumer protection and clean up the local holiday ownership and timeshare industry. The Mercury reports this will include the appointment of an ombudsman to rule on future complaints and possible banning of marketing practices long used to lure consumers.
Discovery has moved swiftly to seal the document to contain possible fallout after hundreds of its clients had personal information such as names, ID numbers and contact details disclosed in court papers that have been accessed by third parties. Discovery said yesterday the data was never publicly disclosed and it had taken steps to comply with the Protection of Personal Information Act, notes BusinessLIVE.
Discovery Life has disclosed detailed personal information about roughly 1 000 clients in court documents it lodged as part of a Gauteng High Court (Johannesburg) application against one of its former brokers, says a Moneyweb report. Devan de Meyer resigned from the firm to join independent broking house MedBond.
Hackers using state-of-the-art technology stole and defrauded South Africans out of R250m in a single year, according to the SA Banking Risk Information Centre (Sabric) when releasing the latest digital banking crime statistics yesterday. It revealed that in 2017 cyber-criminals were involved in 13 438 online‚ mobile and Internet banking attacks, and the total sum siphoned off in all digital banking-related crimes during that year was R250m.