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National Credit Act, 2005 (Act No. 34 of 2005)

Chapter 4 : Consumer Credit Policy

Part A : Consumer Rights

66. Protection of consumer credit rights

 

(1) A credit provider must not, in response to a consumer exercising, asserting or seeking to uphold any right set out in this Act or in a credit agreement—
(a) discriminate directly or indirectly against the consumer, compared to the credit provider’s treatment of any other consumer who has not exercised, asserted or sought to uphold such a right;
(b) penalise the consumer;
(c) alter, or propose to alter, the terms or conditions of a credit agreement with the consumer, to the detriment of the consumer; or
(d) take any action to accelerate, enforce, suspend or terminate a credit agreement with the consumer.

 

(2) If a credit agreement, or any provision of such an agreement is, in terms of this Act, declared to be unlawful or is severed from the agreement, the credit provider who is a party to that agreement must not, in response to that decision—
(a) directly or indirectly penalise another party to that agreement when taking any action contemplated in section 61(1);
(b) alter the terms or conditions of any other credit agreement with another party to the impugned agreement, except to the extent necessary to correct a similarly unlawful provision; or
(c) take any action to accelerate, enforce, suspend or terminate another credit agreement with another party to the impugned agreement.