Legal Articles and Guides
The Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities has been flooded with letters from Christian consumers complaining that most food and beverages in their supermarkets are certified halaal, says a City Press report.
The recent court ruling that consumers do not have to produce proof of income to access credit could open a floodgate of lending by creditors. A Business Day report says clothing, furniture, food retailers and other creditors are likely to bolster their credit divisions in a bid to secure clients.
The National Credit Regulator (NCR) is seeking legal advice to appeal a recent judgment that set aside a major aspect of its affordability assessment regulations, which riled clothing retailers Mr Price, The Foschini Group and Truworths, says a Moneyweb report.
The report by the National Consumer Commission (NCC) on the time share industry could be completed before the end of the month, according to its spokesperson Trevor Hattingh.
MTN and the eThekwini Municipality have been accused of violating Durban by-laws following their joint venture to erect cellphone masts across the city. The Mercury reports the Durban Anti-Cell Mast Alliance claims that MTN has erected a total of 123 cellphone masts across the city without complying with the city’s spatial planning regulations.
King Goodwill Zwelithini, who has rejected an apology by MiWay Insurance as ‘superficial, self-serving, disingenuous and having no real value’, is planning to sue the insurance company. A Sunday Tribune report notes the apology stemmed from a leaked telephonic conversation between Zwelithini and Miway sales agent Sthembiso Sithole, who offered the Zulu monarch low premiums on his car insurance, house and furniture.
The Treasury estimates the total debt that could fall under debt extinguishing provisions of the National Credit Amendment Bill proposed by Parliament’s Trade and Industry Committee could range from R13.2bn to R20.7bn, notes a Business Day report.
Parliament’s Justice Committee has backed Zulu King Goodwill Zwelithini who is considering lodging a complaint with the Information Regulator and taking legal action against MiWay over a leaked recorded conversation between a salesman and the king, which starts with the salesman addressing Zwelithini by his first name.
With the economic drought and struggle hitting South Africa which is largely due to the consumer’s spending boom, which is to a large extent been a result of spending money by use of credit. Credit suppliers have perhaps overwhelmed consumers with proposals of laidback credit or as consumers one assumes that it is the best way to live a “relaxed” lifestyle.
How frequently do Consumers hear the statement “It’s not our fault that you have this problem – it’s yours” or ever had a situation where you phone a call center and getting lost in an infinite circle of voicemail recordings or client assistant responders.
With the Constitutional Court having refused to hear the R60bn class action suit launched against the major lending banks, the case is heading to the Gauteng High Court (Johannesburg) early in the new year. The class action suit was filed in the Constitutional Court in August by more than 225 applicants whose homes were repossessed and sold at sheriffs’ auctions for a fraction of their market value.
Johannesburg attorney Gilad Cohen believes the Constitutional Court’s decision to dismiss an application to access the court by defaulting debtors who cannot meet their home loan payments does not help to alleviate unscrupulous behaviour by resellers, according to a Business Day report.
Consumer protection lawyer Trudie Broekmann is planning a class action against holiday club companies to demand that they refund their clients, notes a Moneyweb report. Broekmann says that she has been studying contracts of points-based time-share schemes, and believes they are not enforceable.
The National Credit Regulator (NCR) has issued a compliance notice to Volkswagen Financial Services SA for charging consumers an on the road fee‚ admin fee and handling fee on credit agreements, notes a TimesLIVE report. ‘These fees are not permitted to be charged on credit agreements by the National Credit Act‚’ said the NCR's Lebogang Selibi in a statement yesterday.
Despite the Constitutional Court’s landmark ruling on the illegality of certain practices in the administration of garnishee orders – made more than a year ago – activists claim that fee-gouging and fraudulent court orders are continuing unabated, according to Business Day. Lisinda Bailey, one of the applicants in the Western Cape High Court case on garnishee orders that was confirmed by the Constitutional Court, says her life was ruined by the irresponsible granting of credit and subsequent garnishees.