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oa De Jure - 2010 6 SA 429 (GSJ)
2012 ZASCA 81 : bringing home the inadequacies of the National Credit Act 34 of 2005 : recent case law

Volume 45, Issue 3
  • ISSN : 2225-7160

 

Abstract

The judgments in and three similar cases 2010 6 SA 429 (GSJ) (hereafter " (GSJ)") and, on appeal, 2012 ZASCA 81 (2012-05-30) (hereafter " (SCA)") (collectively referred to as "the judgments"), expose the inability of the provisions of the National Credit Act 34 of 2005 (NCA) adequately to address important issues pertaining to execution against a debtor's mortgaged home. They also underscore the need for a debt relief mechanism, other than debt review and debt rearrangement under the NCA, to provide an alternative to execution against a debtor's mortgaged home that would be workable from the perspective not only of the debtor but also of the mortgagee and other creditors.

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/content/dejure/45/3/EJC131277
2012-01-01
2016-12-09

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