By Neo Chokoe
The National Credit Act is known for the much needed shift it brought into the market for consumers and credit providers alike.
ProBono.Org Pretoria saw fit to have a training session on certain aspects of the Act for attorneys and advocates. The training took place at Spoor and Fisher Attorneys, Centurion and was conducted by Franciscus Haupt from the University of Pretoria Law Clinic. The key aspects of the Act which he addressed were reckless lending, the shortfalls in the National Credit Act, incidental agreements as well as the correct application of the in duplum rule.
The main purpose of the training was to educate attorneys and advocates on the provisions of the Act and to shed light on how they are to be applied. This served as a basis for assisting legal representatives not only to understand the Act but to properly apply it when assisting our clients and provide tailored legal advice and services.
It is imperative that legal practitioners are well informed and kept up to date with legislation. As we know, law is not cast in stone but remains ever changing. We firmly believe that knowledge is emancipating and the most important part of our mandate as a general legal clearing house is to capacitate attorneys and advocates in the legal profession to assist our clients efficiently.
Many thanks to Mr Franciscus Haupt for an informative presentation, Spoor and Fisher for providing us with a venue for the training and attorneys who took time off from their busy schedules to come and attend the session.
Article by Tshenolo Masha
ProBono.Org Johannesburg hosted an attorney seminar on the services offered by the Ombud for Consumer Goods and Services and the office of the Tax Ombud on 26 July 2016 at Hogan Lovells attorneys in Sandton.
Advocate Neville Melville, the Ombudsman for Consumer Goods and Services explained that the office was established in terms of provisions contained in section 82(2) of the Consumer Protection Act which allows for people conducting business within a particular industry to approach the National Consumer Commission to appoint an office to investigate or informally address complaints and, where appropriate, make findings and recommendations. The office receives complaints in terms of all suppliers in the consumer goods and services industry supply chain. For example, these could include furniture hire purchase agreements, cellular phone purchases or the provision of personal services such as hairdressing.
To date the office has received a total of 3 495 cases and has a success rate of 69% percent. The office receives telephonic and electronic complaints.
Advocate Eric Mkhawane, CEO at the office of the Tax Ombud, explained that the office was established in terms of section 16 of the Tax Administration Act (Act 28 of 2011) and its mandate is to review and address any ,complaint by a taxpayer regarding a service matter or a procedural or administrative matter arising from the application of the provisions, of a tax Act by SARS (this includes, Customs & Excise since 2012). He gave an overview of the procedures that should be followed to make a complaint and the various options, that should be pursued prior to approaching the ombud.
To date the office has received a, total of 5 012 complaints relating to income tax assessments, refunds, dispute resolution and general service, complaints against, SARS officials.
- Contact details:
Consumer Goods and Services Ombud:
Tel: 0860 000 272
Association House, Bond
Street Business Park, Cnr Bond
& Kent Streets, Randburg, Johannesburg
- Office of the Tax Ombud:
or request a manual form.
Menlyn Corner, 2nd Floor, 87
Frikkie de Beer Street, Menlyn, Pretoria