by Paul Esselaar | Jun 26, 2023 | Area of Expertise, Banking & Finance Law, Consumer Protection Law, Regulatory Compliance
In the May/June edition of CLR Paul Esselaar wrote about a decision by the Western Cape High Court in which s 89(5)(c) of the National Credit Act was declared unconstitutional for being inconsistent with the right to property in s 25(1). In other words it was found...
by Paul Esselaar | Jun 26, 2023 | Area of Expertise, Banking & Finance Law, Regulatory Compliance
The Department of Trade and Industry has published draft regulations on, “Affordability Assessment for the Amendment of Regulations for matters relating to the functions of the National Consumer Tribunal and Rules for the Conduct of matters before the National...
by Paul Esselaar | Jun 26, 2023 | Area of Expertise, Banking & Finance Law, Consumer Protection Law, Regulatory Compliance
With all the pieces of legislation that are constantly being updated it is easy to miss changes to legislation that are really important – especially if that change comes in the form of a Regulation (something typically drafted by a ministry such as the Department of...
by Paul Esselaar | Jun 26, 2023 | Area of Expertise, Banking & Finance Law
Date: Monday, 17 May 2021 – 09:00 to Wednesday, 19 May 2021 – 11:00 The National Credit Act Amendment Act 7 of 2019 has real consequences for credit providers and debt counsellors in particular. This course focuses on the likely impact that the changes...
by Paul Esselaar | Jun 26, 2023 | Area of Expertise, Banking & Finance Law
Joan Muller of the Financial Mail interviewed Paul Esselaar on the emerging practice of banks increasing the mortgage interest rate when a new loan is entered into by a consumer in order to change the loan from being in a juristic person’s name to being into...
by Paul Esselaar | Jun 26, 2023 | Area of Expertise, Banking & Finance Law, Legal Articles
In November 2021 the Supreme Court of Appeal provided a judgment (Bayport Securitisation Limited and Another v University of Stellenbosch Law Clinic and Others (507/2020) [2021] ZASCA 156 (4 November 2021)) which – surprisingly – seems to have largely gone...