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Legal Insights: Our Blog
When does the section 103(5) cap begin?
The Western Cape High Court focuses on the statutory trigger: default. Cost of credit and the statutory in duplum rule Selected recent authorities and practical implications for debt-review practice. Seniors Finance (Pty) Ltd and Another v Rosen NO and Others Citation: (15020/2024) [2026] ZAWCHC 344; [2026] 3 All SA 734 (WCC) (3 July 2026) Authority level: High Court — Western Cape Division Why this development matters Rosen is an important recent section 103(5) judgment beca
Oct 52 min read
Who has jurisdiction over a section 127 shortfall?
The SCA confirms that the High Court is not excluded. Voluntary surrender and post-sale shortfalls Selected recent authorities and practical implications for debt-review practice. Dreyer NO and Another v Standard Bank; Nedbank Ltd and Another v Abrahams Citation: (387/2024; 568/2024) [2026] ZASCA 74 (22 May 2026) Authority level: Supreme Court of Appeal Why this development matters This is one of the most authoritative decisions because it resolves a jurisdictional issue at
Oct 51 min read
A case to watch: NCA guarantees and indemnities
Important judicial observations — but not yet a final merits ruling. Case-law watchlist Selected recent authorities and practical implications for debt-review practice. Beckles v SB Guarantee Company (RF) Pty Ltd Citation: (20699/2021) [2026] ZAWCHC 303 (10 June 2026) Authority level: High Court — Western Cape Division; Why this development matters Beckles attracted attention because the court expressed concern about the relationship between NCA-regulated home-loan lending an
Oct 51 min read
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