n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - The unreasonable refusal of consent orders by the National Consumer Tribunal under the National Credit Act : confirming : case note

Volume 25, Issue 3
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



The National Credit Act 34 of 2005 (NCA) has had a major impact on banking practice and the protection of consumers. More than 100 reported cases, many of them conflicting, and as many academic comments on the cases or journal articles, bear some testimony to this fact. Nine cases have already reached the Supreme Court of Appeal, and two cases have made it all the way to the Constitutional Court. This is partly because the NCA is poorly drafted in many respects ( 2011 (3) SA 581 (SCA) para 2), its uncertainties and gaps leaving credit providers and consumers to flounder in many instances. This is particularly unfortunate for all the various stakeholders under the Consumer Protection Act 68 of 2008 - consumers seeking advice or redress, credit counsellors giving advice and assistance, the National Consumer Regulator and its staff, and the staff of credit providers that deal directly with consumers.

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