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South African Constitutional Court

Thirien Naidoo versus Absa Bank Limited and Others CCT 39/18

The issues to consider are whether a court order is considered to be a credit agreement and if so, does ABSA have to comply with Section 129 of the National Credit Act. Furthermore, whether a judicial oversight is necessary before a writ is issued in terms of Section 46(1) of the Uniform Rules before ABSA could sell property after an alleged breach by Naidoo.

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Judges Uphold Dismiss Judges Biography
Chief Justice Mogoeng Mogoeng View Biography
Deputy Chief Justice Ray Zondo View Biography
Justice Edwin Cameron View Biography
Justice Johan Froneman View Biography
Justice Chris Jafta View Biography
Justice Sisi Khampepe View Biography
Justice Mbuyiseli Russel Madlanga View Biography
Justice Nonkosi Zoliswa Mhlantla View Biography
Justice Leona Valerie Theron View Biography

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