The research interests of Prof. Jopie Pretorius (Mercantile Law: College of Law) (2012 NRF B rated) lie in the law of suretyship.
Research in the law of suretyship may sound complicated to the average person, but it should be known that such research is vital to ensure the rights of South African consumers are protected.
Unisa’s College of Law invests in such research, and Professor in Banking Law, Jopie Pretorius, (2012 NRF B rated) is one of the college’s scholars who undertakes such research to inform members of the public about the duties and obligations of sureties. This research, not only answers confusing questions of suretyship law, but it also provides recommendations on how suretyship law may be improved.
An authority in suretyship, Pretorius joined Unisa’s teaching staff in January 1986 and became full professor the same year. He is a 2012 NRF B3 rated researcher, and this is the second time he has received this prestigious rating.
Pretorius explained that law of suretyship is a very interesting subject as it deals with consumer protection with regards to money lending, the availability of credit and the payment of interest on such loans. “This has been the subject of various rules, regulations and Acts since time immemorial.”
As co-author of Caney’s The Law of Suretyship in South Africa, Pretorius explained that suretyship is a contract in which one person undertakes liability for another’s debt. For some years now, standing surety has been a very onerous undertaking fraught with danger. “Suretyship is normally used as a mechanism for a person to obtain credit, which is very necessary in commercial life. Unfortunately, credit can also be abused and very often members of the public overexpose themselves and become over-indebted. Hence certain regulations should be put into place to protect individuals against over-indebtedness.”
Suretyship: How you can be affected
Pretorius said one of the problems involves those suretyships that extend over a period of time and do not have a limit on the amount that one can be indebted for. “These sorts of suretyships, which are called unlimited suretyships, should not be allowed. Increased consumption, a desire-based need for credit, attractive borrowing options and alluring methods of repayment have all contributed to many of us not living our lives in keeping with our means.”
“Our modern consumer-driven society does, however, come at a cost,” continued Pretorius. “As recently as 2005, it was reported that South Africa’s consumer debt crisis was costing the country around R12 billion annually and that 40 per cent of households nationally were experiencing financial difficulty as they were unable to meet loan repayments to micro lenders and other service providers. Therefore, the protection of the consumer has become a common feature in many legal systems.”
Pretorius said the aim of his research is to benefit society. “To ensure a just and fair society is very important. Credit should be available as a basic human right, and if certain sectors of society are excluded from obtaining credit we will never achieve equality. But in saying this, it is not fair to exploit the poorer part of society. The relationship between credit grantors and lenders is often unequal, which may result in exploitation of the lender. In the past, it was even used in a discriminatory manner. Now the constitutional values of equality and human dignity may be invoked to set matters rights.”
Research that impacts
Pretorius’ research is one such example of how Unisa, commemorating this year 140 years of shaping futures in Africa, is well-positioned to impact the South African legal landscape, therefore shaping the future of South Africa. “Our research forms part of educating society and education is linked to upliftment. It enables previously disadvantaged members of society to better themselves,” he said.
Pretorius’s 2012 NRF B rating was acknowledged during this year’s Research and Innovation Week (11–15 March), another commitment by Unisa to ensure it becomes a hub for innovative and scientific research. The purpose of Research and Innovation Week is to provide a platform for cross-disciplinary engagements amongst Unisa, national and international researchers. The main objectives are for Unisa to expand research collaborations with research intensive organisations and BRICS countries and also to provide a platform for institutions to display their innovation initiatives. The week is designed to encourage Unisa staff to enhance their ability and effectiveness to engage in research.
“I am indebted to Unisa for giving me the opportunity to carry out the type of research that I am interested in. Academic freedom is very important. However, I am afraid that there is too much ‘counting’ of outcomes, and one should be very careful not to sacrifice quality for quantity.”
This year Pretorius’s research will focus mainly on the field of negotiable instruments. “This involves investigating possibilities to make both paper-based and electronic payments safer and more secure. Although it is a very long and drawn out process, it is envisaged that there will eventually be some legislation regulating the various forms of payment.”
Learn more about your rights
There is various legislation in South Africa to protect consumers, the most important being the Consumer Protection Act (Act 68 of 2008) and the National Credit Act (Act 34 of 2005). Consumer Fair has relevant information regarding Consumer Protection Legislation.
Professor Jopie Pretorius holds a B-Juris degree (University of Pretoria), an LLB degree (University of Natal: Pietermaritzburg), an LLM degree (University of Cape Town), a second LLM degree (University of London: King’s College), and an LLD degree (Rand Afrikaans University, now University of Johannesburg). He is an attorney of the High Court of South Africa.From 1981-1985 he was a Senior Lecturer in the School of Law at the University of the Witwatersrand. He has authored and co-authored many books and articles. He received the Best Lecturer Award from the Law Student Council of the University of the Witwatersrand in 1982, 1986 and 1988 and has been invited as guest lecturer by many of South Africa’s prestigious universities. During 2005 he was honorary visiting professor at the University of Stellenbosch. He has also been a visiting professor at the University of Western Australia and the KU Leuven. During 2006 he was a Visiting Fellow at Clare Hall, University of Cambridge, United Kingdom. He is a Life Member of Clare Hall. His article on suretyships received the Hugo de Groot prize as the best contribution to the Journal of Contemporary Roman Dutch law in 2012. This is the second oldest law journal in South Africa.Pretorius has been the promoter of nine doctoral students and has acted as the examiner for 12 doctoral degrees from other South African universities. He has also acted as supervisor and external examiner for numerous LLM degrees.
