n South African Law Journal - The constitutionality of section 89(5)(c) of the National Credit Act under the property clause : National Credit Regulator v Opperman & Others : notes
|Article Title||The constitutionality of section 89(5)(c) of the National Credit Act under the property clause : National Credit Regulator v Opperman & Others : notes|
|© Publisher:||Juta Law Publishing|
|Journal||South African Law Journal|
|Affiliations||1 University of Cape Town|
|Publication Date||Jan 2014|
|Pages||215 - 233|
In National Credit Regulator v Opperman & others 2013 (2) SA 1 (CC) ('Opperman'), the Constitutional Court, confirming a finding by the Western Cape High Court, Cape Town, held that s 89(5)(c) of the National Credit Act 34 of 2005 ('NCA') results in an arbitrary deprivation of property that is contrary to s 25(1) of the Constitution of the Republic of South Africa, 1996. At issue in this case was whether it was constitutionally permissible to deny Opperman - the first respondent and an unregistered credit provider - his right to restitution of money lent to the second respondent under credit agreements that were unlawful under the NCA.
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