National Credit Act, 2005 (Act No. 34 of 2005)Chapter 4 : Consumer Credit PolicyPart A : Consumer Rights66. 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. |