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National Payment System Act, 1998 (Act No. 78 of 1998)

6A. Effectiveness and efficiency of the National Payment System

 

 

1) As of 1 July 2006, a person may not change, manipulate, maintain or apply a payment system in any manner that provides preferential treatment to a payment instruction over any other payment instruction in that system, unless such preferential treatment is prescribed by law.

 

2) With regard to any credit agreement concluded on or before 30 June 2006, which is subject to a payment system that provides preferential treatment to a payment instruction over any other payment instruction in that system, other than preferential treatment prescribed by law, such preferential treatment must be terminated on or before 31 December 2007.

 

3) A person providing access to or allowing participation in a payment system may not deny any person access to or participation in that payment system if that second person meets the criteria set by the first mentioned person.

 

4) The criteria referred to in subsection (3) for access to or participation in a payment system must be fair, transparent and equitable.

 

5) A person who contravenes any provision of this section is guilty of an offence.