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National Credit Act, 2005 (Act No. 34 of 2005)

Chapter 8 : Enforcement of Act

Part C : Miscellaneous matters

169. Proof of facts


(1) In any proceedings in any court for the recovery of debt in terms of a credit agreement, if the consumer
(a) alleges that the cost of credit claimed by, or made to, the credit provider exceeds the maximum permitted in terms of this Act; and
(b) requests that the credit provider be called as a witness to prove the amount of debt claimed to be owing,

the court must not give judgment until it has afforded an opportunity for the consumer to examine the credit provider in relation to the debt claimed to be owing, unless it appears to the court that the consumer’s allegation is prima facie without foundation, or that examination of the credit provider is impracticable.


(2) In any criminal proceedings in terms of this Act—
(a) if it is proved that a false statement, entry or record or false information appears in or on a book, document, plan, drawing or computer storage medium, the person who kept that item must be presumed to have made the statement, entry, record or information unless the contrary is proved; and
(b) an order certified by the Chairperson of the Tribunal is conclusive proof of the contents of the order of the Tribunal.


(3) A statement, entry or record, or information, in or on any book, document, plan, drawing or computer storage medium is admissible in evidence as an admission of the facts in or on it by the person who appears to have made, entered, recorded or stored it unless it is proved that that person did not make, enter, record or store it.