TABLE OF CONTENTS |
Number |
Item |
Page |
1 |
Introduction |
|
2 |
Hypothesis |
|
3 |
An Outrageous Question |
|
4 |
The Prescription Act as a Statute |
|
4.1 |
A Statute remains an active Statute until repealed |
|
4.2 |
The National Credit Act and a sense of urgency, The Prescription Act 68 of 1969 and no sense of urgency |
|
4.3 |
No definitional clause in 1969 Act |
|
5. |
Historical Framework |
|
5.1 |
Prescription dates back centuries |
|
5.2 |
Extinctive prescription forms part of South African Private Law |
|
6 |
Interpretation of the 1969 Act |
|
6.1 |
Statutory interpretation |
|
6.2 |
Stages of interpretation of the 1969 Act |
|
6.3 |
The concept of extinctive prescription |
|
6.4 |
The common law position of extinctive prescription |
|
6.5 |
Extinctive prescription in practice |
|
6.5.1 |
Meaning of as soon as the debt is due |
|
6.5.2 |
Meaning of debt |
|
6.5.3 |
Debtor’s wilfully preventing creditor from becoming aware of the knowledge of the debt |
|
6.5.4 |
Knowledge of the debtor |
|
6.5.5 |
Corporate South Africa is by and large an exception to section 13 of the 1969 Act |
|
7 |
The difference between an extinctive prescription claim and a special plea of prescription |
|
7.1 |
Example of Plaintiff’s particulars of claim |
|
8 |
The need to invoke extinctive prescription when claiming prescription directly from a creditor |
|
8.1 |
A case in point |
|
8.2 |
Remedy in cases where the creditor refuses to process an extinctive prescription claim |
|
8.3 |
Debt review and extinctive prescription |
|
9 |
A parallel between Public Law and Private Law |
|
10 |
Professional ethics and an attorney providing a debt collector function |
|
10.1 |
Estoppel |
|
10.2 |
Law and a crisis of an ethical nature |
|
11 |
Choice of research framework |
|
11.1 |
Research design and methods |
|
11.2 |
Quantitative research |
|
11.3 |
Post mortem Questionnaire |
|
12 |
Qualitative research |
|
12.1 |
Background |
|
12.2 |
The pre-determined approach |
|
12.2.1 |
Mr A |
|
12.2.2 |
Mr B |
|
13 |
An investigative journalism approach |
|
13.1 |
A gross abuse of the section 57 and 58 procedures of the Magistrates Court Act 32 of 1944 |
|
13.1.1 |
Mr F and an eighteen year old debt |
|
13.1.2 |
The document Mr F signed |
|
14 |
A theory as to why a potent statute can become diluted over time |
|
14.1 |
Distortion of communication |
|
14.2 |
A case in point |
|
15 |
Findings |
|
16 |
Recommendations |
|
17 |
Conclusion |
|
18 |
References |
|
|
Annexure A: Questionnaire |
|
Did you like this article? Share it with your favourite social network.