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would not be able to discharge its onus under the NCA of informing Mr Dlamini of the terms. They discovered that the vehicle was rebuilt following an accident. 8 As it was common cause that Mr Dlamini did not notify the Bank of the termination of the agreement by fax as prescribed in the agreement, the only issue in dispute on the facts was: did Mr Dlamini know and understand the terms. 61 Similarly, in Diners Club SA (Pty) Ltd v Livingstone and Another 1995 (4) SA 493 (W) at 495-496 the Witwatersrand Local Division observed that the whole get-up of an enrolment form was misleading. 20 However, not all of Mr Mthetwas evidence about advising Mr Dlamini is false. Substantive equality, unlike formal equality, requires attention to context, the intersection of different grounds of disadvantage, difference, and positive obligations upon the state. In this case, the Bank simply had to have Mr Mthetwa interpret the material terms of the agreement when he sold the vehicle to Mr Dlamini or at the latest when Mr Dlamini returned the vehicle. The Jacobite (Afternoon Train) (West Coast Railtours). However, when the NCA applies, the constitutional right to equality comes to my mind immediately. That was all the more reason why the Bank should have ensured that its agents explained the material terms to Mr Dlamini. Wcrc Class 47/57, york (pu) - Normanton (pu) - Wakefield Kirkgate (pu) - Wakefield Westgate (pu) - Leeds (pu) - Skipton (pu) - Hellifield 45699, hellifield -S C - Carlisle 45699, carlisle - S C - Hellifield, wCRC Class 47/57.
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Ms Ndlelas evidence could easily have been curtailed, if not dispensed with altogether, if the parties had defined the issues in dispute precisely at their pre-trial conference. 17 The vehicle was repaired by the in-house mechanic employed by the dealership. 5 Clause.3 which provides for termination by voluntary surrender, entitles the Bank to sell the vehicle, account to Mr Dlamini and claim any shortfall due by him under the agreement. 73 Once the agreement was terminated for whatever reason, the Bank had to sell the vehicle to mitigate losses. The Preamble to the Constitution and to the NCA connect them. Furthermore, the breach of his ss 63 and 64 rights in terms of the NCA to be informed of the contents of the agreement and his rights to an agreement that complies in form with reg 30 skewed the agreement in favour of the Bank.