Nuus

Summit Financial Partners saam met die Universiteit Stellenbosch Regskliniek pak die skuldbedryf in die land aan deur skuldinvorderingspraktyke in die hof uit te daag.

An application was filed with the Western Cape High Court today (8 August) in which the Stellenbosch University Law Clinic, Summit Financial Partners (Summit), and 10 of their clients request judicial intervention relating to debt collection practices. The intervention has the potential to dramatically impact on the South African financial landscape.

On 13 September 2016 the South African Constitutional Court delivered its landmark judgment in University of Stellenbosch Legal Aid Clinic and Others v Minister of Justice and Correctional Services and Others (CCT127/15) [2016] ZACC 32. While this judgment has been valuable for many reasons, its most important impact has been its directive to amend the wording of the Magistrate’s Court Act 32 of 1944, to curb the abuses that had been so prevalent in the Emoluments Attachment Order (“EAO”) landscape up to that point. In no small part due to the work of the Stellenbosch University Law Clinic (then known as the Legal Aid Clinic), the Courts of Law Amendment Bill (B8-2016) was introduced and passed by the National Assembly on 6 June 2017. After having been signed by the President on 31 July 2017, it became the Courts of Law Amendment Act 7 of 2017. Since that date, it has however been a slow grind to get to the point where a commencement date for the Act was announced. The Clinic is delighted to note that the Courts of Law Amendment Act has now been promulgated and that the Act is in effect from 1 August 2018. This has resulted in amendments to the Magistrate’s Court Act that will undoubtedly bring much needed relief to thousands of distressed and victimized debtors.

Op 1 Augustus 2018 het professor Ernest Ojukwu, ’n vooraanstaande Nigeriese regsgeleerde, ’n sessie gehou met regskliniekpraktisyns oor beste praktyke in kliniese regsopleiding.

Die Regskliniek van die Universiteit Stellenbosch (US) is as ’n finalis gekortlys vir die gesogte 2018 African Legal Awards in die kategorie “Specialist Law Firm of the Year”. Dit is die eerste universiteitsregskliniek wat vir hierdie gesogte toekenning gekortlys is.