Case law

Question 1

What cases deal with unlawful credit agreements?

Answer 1

1. Chevron v Wilson
2. NCR v Opperman

Question 2

What are the facts of Chevron v Wilson?

Answer 2

Both parties were in a credit agreement that allowed Wilson to buy petroleum products from Chevron, but Cheveron was not a registered credit provider under the NCA. Chevron received payment of R33 milliom.

Question 3

What was the issue in Chevron v Wilson?

Answer 3

The constitutional validity of section 89(5)(b) which allows a court to direct a credit provider t repay tp the consumer all amounts paid under the credit agreement with interest.

Question 4

What are the facts of NCR v Opperman?

Answer 4

Opperman lent a friend R7 million and concluded a loan agreement, but was not a registered credit provider. Friend defaulted and Opperman wanted to sequestrate the estate.

Question 5

What was the issue in NCR v Opperman?

Answer 5

Constitutional validity of section 85(3)(c) of NCA that requires a court to order that all purported rights of the creditor under an unlawful credit agreement to recover any money paid into that agreement to either be cancelled or forfeited to thE sTATE

Question 6

What did the court hold in Truworths v Minister of Trade and Industry?

Answer 6

Mandatory affordability assessment regulation in reg 23A and 24 are unconstitutional on the basis that it is discriminatory and unreasonable.