eSwatini
Hire-Purchase Act, 1969
Act 11 of 1969
- Assented to on 7 May 1969
- Commenced on 16 May 1969
- [This is the version of this document at 1 December 1998.]
1. Short title
This Act may be cited as the Hire-Purchase Act, 1969.Part I – Movables
2. Interpretation
3. Application of this Part
4. Power of Minister in regard to terms of agreements and application of Act
5. Prospective buyer to be informed of cash price of goods
6. Agreements to be in writing and copy to be supplied to buyer
7. Contents of agreement
8. Invalidity of certain provisions in an agreement
9. Invalidity of certain agreements
10. Inducement to enter agreement
11. Obligation of seller and buyer to furnish information to each other
12. Cession or hypothecation of and authority to collect periodical income
13. Negotiable instrument
14. Limitation of seller's right to enforce certain provisions of agreement
15. Buyer's right to be reinstated after return of goods to seller
16. Buyer's right to terminate agreement and to pay instalments before due date
The buyer shall at all times be entitled—17. Buyer's right upon termination, rescission or breach of agreement
18. Rights of parties to agreement if portion of goods are returned by arrangement
If the seller agrees to the return to him by the buyer of a portion of the goods sold, and the value thereof at the time of such return—19. Valuation of goods
20. Powers of court
21. Rights of parties after making of order of court in terms of section 20
22. Automatic interdict against removal or use of goods
23. Decrees of civil imprisonment and garnishee orders
No decree of civil imprisonment or garnishee order for the purpose of enforcing payment by the buyer of any amount payable under an agreement or as a result of the termination or rescission thereof or as damages for any breach thereof, shall be made by any court.24. Jurisdiction
No court other than the court within whose area of jurisdiction is situate the place where the buyer is, at the time of the institution of the proceedings in question, or where he is ordinarily resident or employed or ordinarily carries on any business, profession, trade or calling, shall, except with the consent of the buyer given specifically in writing with reference to the proceedings in such court, have jurisdiction in any civil matter relating to or arising out of any agreement:Provided that this section shall not apply if there is no place in Swaziland where the buyer is so resident or employed, or does so carry on any business, profession, trade or calling, or if no such place is known to the plaintiff.25. Waiver of rights by buyer
No waiver, whether expressed or implied, by a buyer of any right under this Act shall be of any force or effect.26. Penalties
A person convicted of an offence specified in—Part II – Immovable property
27. Non-applicability of Part I
The provisions of Part I shall not apply to this Part.28. Rights of buyer of immovable property who has paid part of the purchase price
29. Application of this Part
History of this document
16 May 1969
Commences.
07 May 1969
Assented to.
Cited documents 1
Documents citing this one 8
- Bonham v Master Hardware (Pty) Ltd t/a Build It and Others, in Re: Master Hardware (Pty) Ltd v Nevil (294 of 2008) [2009] SZHC 131 (14 April 2009)
- Contractual Penalties Act, 1971
- First National Bank t/a Wesbank v Timan (Pty) Ltd and Others (684 of 2013) [2013] SZHC 104 (23 May 2013)
- Lewis Stores (Pty) Ltd v Thwala (2581 of 2005) [2006] SZHC 115 (24 July 2006)
- Midi (propriety) Ltd v A.A Farms Ltd (37 of 2002) [2002] SZSC 54 (21 November 2002)
- Minister For Home Affairs And Others v Fakudze And Others (6 of 2002) [2002] SZSC 29 (10 June 2002)
- Relyant Retail (Pty) Ltd t/a Savells Furnishers/Fairdeal Furnishers v 34 Defendants (4163 of 2005; 4164 of 2005; 4166 of 2005; 4167 of 2005; 4168 of 2007; 4181 of 2005; 4265 of 2005; 4266 of 2005; 4267 of 2005; 4269 of 2005) [2006] SZHC 103 (22 June 2006)
- Snyman & Partners (Pty) Ltd v Maziya (151 of 2005) [2006] SZHC 119 (4 August 2006)