The SCA on March 9 upheld an appeal by First National Bank against an order in the North Gauteng High Court, Pretoria, declaring that the provisions of the National Credit Act 34 of 2005 were applicable, by agreement between the parties, to a contract to which they would ordinarily not apply. The matter was dealt with as a separated issue under Rule 33(4). No order was made specifying the issue to be considered. No agreed facts were stated and no evidence was led.

The SCA held that the provisions of Rule 33(4) had not been properly applied. In addition, facts concerning the circumstances in which the agreement was concluded were relevant to a determination of the issue. It upheld the appeal and, ordering each party to pay its own costs of the appeal, substituted the order of the court below with one that no order was made on the separated issue and that the costs relating to that issue would be costs in the cause.