Day seminar: Credit and the Constitution – The Opperman decision

Posted by on 13 November 2013 in Uncategorized | No Comments

On 29 October 2013 the SARCPL, in collaboration with the University of South Africa (Unisa), hosted the second day seminar of 2013 in Pretoria. The topic of the discussion was the recent Constitutional Court decision in National Credit Regulator v Opperman and Others 2013 (2) SA 1 (CC).

The guest speakers were Dr Reghard Brits (far right) from the SARCPL and Prof Corlia van Heerden (center) from the University of Pretoria.

Professor Corlia van Heerden focused on the procedural safeguards provided in the National Credit Act (NCA) for debtors and the extent to which the Act infringes on the credit provider’s right to enforce credit agreements.

Dr Reghard Brits focused on the constitutionality of the NCA in light of section 25 of the Constitution, specifically whether and when the provisions of the NCA allow a potentially arbitrary deprivation of property as meant by section 25(1).




A panel discussion followed the lectures by Dr Reghard Brits and Prof Corlia van Heerden whereafter the floor was opened for debate. The panel was chaired by Prof André van der Walt (above).


In the photo above are the panel members of the discussion. From the left is Prof Michelle Kelly-Louw (Unisa); Prof Corlia van Heerden (University of Pretoria); Prof André Boraine (University of Pretoria) and Dr Reghard Brits (SARCPL of the University of Stellenbosch).

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