The Judicial Service Commission has invited nominations to fill the vacancy of a Judge on Constitutional Court following the retirement of Justice Skweyiya in May 2014.
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| Case No. | Lower Court Judgments | Hearing Date | Judgment Date | Majority Author | Vote | |
| CCT 61/14 | Western Cape Division, Cape Town, 24 Feb. 2012 and 12 Feb. 2013 SCA, 24 Mar. 2014 |
16 Sep. 2014 | 24 Mar. 2015 | Madlanga J | 8-1 |
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By Duncan Wild on 27 March 2015
In this case, the Constitutional Court held that entities that engage in lending that falls outside the scope of the National Credit Act 34 of 2005 (“NCA“) (e.g. to entities which exceed the value thresholds set out in the Act) do not need to be registered as credit providers under the NCA, and a failure to register does not invalidate credit agreements outside the scope of the Act. In addition, the Court reversed the current position regarding how the common law in duplum rule applies when litigation commences. The position before this case being that interest may start running again if the creditor institutes action. The Court, however, found that commencing proceedings will not have an effect on the in duplum rule, and interest may not run again. Interest will only run again on a judgment, which effectively is a new debt which restarts any in duplum calculation. Continue reading
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