UP Law's Professor Corlia van Heerden cited by Supreme Court of Appeal

Posted on April 29, 2021

The Faculty of Law (UP Law) at the University of Pretoria (UP) is proud to announce that Professor Corlia van Heerden, its Absa Chair in Banking Law in the Department of Mercantile Law, has been cited by the Supreme Court of Appeal on 13 April 2021 in a long-anticipated decision on the enforcement framework for consumer disputes in terms of section 69 of the Consumer Protection Act (CPA), as well as dealing with defective motor vehicles. 

In the coram’s judgment, consisting of SCA Judges Wallis, Saldulker, Zondi and Kgoele, of Motus Corporation (Pty) Ltd and Another v Wentzel (Case no 1272/2019) [2021] ZASCA 40 (13 April 2021), Van Heerden was cited in para [25] as follows: 

‘’[25] The section (69d) has caused considerable difficulty and is the source of conflicting judgments in the high court. The authors of Commentary on the Consumer Protection Act[4] say that 'the various entities that can be approached for purposes of redress are not indicated in s 69 in an order that presents a clear picture of the exact route that a person has to follow in this quest for redress'. Nonetheless they suggest that the section contemplates a hierarchy of remedies and they make a valiant effort to describe such hierarchy.

[4] Naudé and Eiselen Commentary on the Consumer Protection Act (Original Service, Juta) 69-1. The relevant chapter was written by Professor Corlia van Heerden.’’

Professor van Heerden is a co-author of the Guide to the National Credit Act (LexisNexis 2008) and is widely regarded as an expert in all matters relating to the National Credit Act and The Consumer Protection Act.  She was the 2018/19 South African Research Chair of the IVZW Tidjschrift voor Privaatrecht at Gent University

Head of the Mercantile Law Department, Professor Phumudzo Munyai, congratulated Professor Van Heerden on this meaningful acknowledgement of her work.

 

 

- Author Elzet Hurter
Published by Elzet Hurter

Copyright © University of Pretoria 2023. All rights reserved.

COVID-19 Corona Virus South African Resource Portal

To contact the University during the COVID-19 lockdown, please send an email to [email protected]

Click here for frequently asked questions for first year UP students

FAQ's Email Us Virtual Campus Share Cookie Preferences