One of the three easiest defences to formulate in a litigation matter will undoubtedly be the following: Prescription of a claim, Lack of locus standi and Lack of jurisdiction. As result one is also fearful of these defences when instituting a claim against another party. Despite litigants being very aware of this, it would seem as if the Supreme Court of Appeal has told litigants to take a good long look at the National Credit Act again when considering the jurisdiction of one’s claim.
Section 86(10) as amended states: “(10) (a) If a consumer is in default under a credit agreement that isbeing reviewed in terms of this section, the credit provider in respect of that credit agreement may, at any time at least 60 business days after the date on which the consumer applied for the debt review, give notice to terminate the review in the prescribed manner to-
City of Tshwane Metropolitan Municipality v Mitchell (2016) 2 SA 1 (SCA). The appeal concerns the interpretation of s 118(3) of the Local Government: Municipal Systems Act, 32 of 2000(the Act). The question was whether the security provided for in s 118(3) of the Act in favour of a municipality, for moneys owed to it for services delivered in respect of fixed property, is extinguished when the property is sold at a sale in execution and subsequently transferred to the purchaser.