n Journal of South African Law / Tydskrif vir die Suid-Afrikaanse Reg - . Common-law leases and the National Credit Act
2013 3 SA 426 (SCA) : regspraak

Volume 2014, Issue 3
  • ISSN : 0257-7747


If a piece of legislation can be accused of anything, the National Credit Act 34 of 2005 is completely innocent of any accusation that it has kept bench and chair bored and idle. Irritating them at times yes, often confusing everyone around and occupying their minds - without any doubt. The reason for this was aptly and succinctly provided by Gautschi AJ: "The fact is that it is a badly drafted Act" ( 2010 3 SA 443 (GSJ) par 18.9). (For a collection of judge made dicta concerning the shortcomings of the act and the lack of clear drafting, see Otto "Onagsame wetsopstelling - die Nasionale Kredietwet op die operasietafel" 2013 217.) In the case that is the subject of this note, Lewis JA, tongue in the cheek, commented: "the Act itself could have been written by Lewis Carroll so peculiar are some of its provisions" (par 1 of the decision. Lewis Carroll was the author of to which the judge of appeal referred earlier in her judgment in par 1 and should therefore not be confused with the judge in this case, Lewis, Carole JA!).

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