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

Abstract

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.