On 12 May 2025, a full bench of the High Court handed down judgment in Scott v The National Credit Regulator.1 It concerned whether, once a credit agreement was subject to a debt review process, the debtor remained in default under the original credit agreement or if the debt review process created a new agreement between the parties, thereby purging the default. This bears consequences for the applicability of the in duplum rule.
The Competition Tribunal does not have the power to grant absolution from the instance
The Competition Appeal Court (“the CAC”) in Competition Commission v X-Moor Transport (Pty) Ltd t/a Crossmoor Transport (273/CAC/Aug25) [2026] ZACAC 4 (22 June 2026), considered the question of whether the Competition Tribunal (“the Tribunal”) has the power to grant absolution from the instance in a prohibited practice case. In two prior cases the Tribunal