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Bayport Win Supreme Court of Appeal Case Over Legal Fees and Induplum

In a reverse of the landmark 2019 ruling, the Supreme Court of Appeal (SCA) has ruled in favour of Bayport in the case involving legal fees and NCA Section 103(5).

Section 103(5) is designed to prevent runaway debt by placing a double up limit on fees and interest. It is sometimes called ‘InDuplum’ or ‘Super InDuplum’.

Blow To Consumers

The SCA has now ruled that this limit does not apply to amounts added post judgement, and makes a big distinction between collections costs (limited by Section 103(5) ) and legal enforcement costs and interest on judgements.

The Stellenbosch Law Clinic say they are now weighing taking this matter to the Constitutional Court.