CONSTITUTIONAL COURT RULES ON THE APPLICATION OF THE IN DUPLUM RULE ONCE LITIGATION FOR THE ENFORCEMENT OF A DEBT IS INSTITUTED: PAULSEN & 1 OTHER V SLIPKNOT INVESTMENTS 777 PROPRIETARY LIMITED [2015] ZACC 5

Monday, April 20, 2015
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The in duplum rule has long been on the radar screen of lenders and borrowers alike. It regulates the accumulation of interest on an outstanding debt, and places a cap upon the amount of interest that can be charged. The rule states that interest, whether accruing as simple or compound interest, ceases to accumulate upon any amount of capital owing once the accrued interest equals the amount of capital outstanding. In the case of Standard Bank of South Africa Limited v Oneanate Investments Proprietary Limited (in liquidation) [1997] ZASCA 94 (the Oneanate Case) the Supreme Court of Appeal (SCA) had previously decided that once a creditor instituted litigation to enforce the debt, the in duplum rule was suspended.

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