Section 2: Interpretation
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
2. Interpretation
In this Act—
“borrower” means any person who is granted a credit facility;
“Commissioner” means the Commissioner for the Protection of Borrowers appointed under section 3;
B11 – 1 [Issue 1]
Borrower Protection Act
“credit agreement” means a written agreement under which a credit
facility is granted;
“credit facility”—
(a) means—
(i) lending of money to a borrower; or
(ii) financing the acquisition of movable or immovable property,
by a lending institution for a sum not exceeding the amount
specified in the First Schedule; but
(b) does not include lending or advancing of money by a bank for a
period not exceeding 12 months;
“extortionate” has the meaning assigned to it by section 18 (6);
“guarantor” means a person who gives his immovable property or offers his personal guarantee as security for the repayment of a credit facility by a borrower;
“law practitioner” has the meaning assigned to it by the Law Practitioners Act;
“lender” means any lending institution which grants a credit facility;
“lending institution”—
(a) means a body specified in the Second Schedule; and
(b) includes a moneylender under the Moneylenders Act;
“Minister” means the Minister to whom responsibility for the subject of
finance is assigned.
PART II – ADMINISTRATION
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Questions this section answers
- What counts as a 'credit facility' this Act protects a borrower on?
- Who is the 'Commissioner for the Protection of Borrowers'?