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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