Usury Act, 1968 (Act No. 73 of 1968)18A. Statement of question of law for opinion of Supreme Court |
| (1) | If a question of law arises between the Registrar and any other person concerning the application of any provision of this Act to any money lending transaction or credit transaction or leasing transaction to which such person is a party, the Registrar or such person who is a party to the transaction may state such question of law in the form of a special case for the opinion of any division of the High Court of South Africa having jurisdiction, and shall transmit that special case to the registrar of that court. |
| (2) | A question of law referred to in subsection (1) may be argued before the court in question and such court may call for such further information as it may deem necessary. |
| (3) | Any person who is a party to the transaction in question and the Registrar shall be entitled to appear at the arguing of the question of law concerned. |
| (4) | The court may give such opinion as it may deem fit in respect of the special case, as supplemented by the information referred to in subsection (2), if any, and may make such order as to the costs of the proceedings before it, as it may deem fit. |
| (5) | The Registrar or any person who is a party to the transaction concerned, shall have a right of appeal to the Supreme Court of Appeal against an opinion referred to in subsection (4). |