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Industry News

The South African Judicial Education Institute (SAJEI) have recently been doing training with Magistrates in regard to the National Credit Act.

Part of the training has been focusing on Magistrates making use of provisions in the National Credit Act to refer matters to do with credit or debts (on NCA regulated accounts) to be considered by an NCR registered Debt Counsellor.

Section 85 of the NCA allows Magistrates to refer any matter where it is alleged that the consumer is over indebted to a Debt Counsellor, who will then give the court a recommendation based on the consumer’s entire debt situation. The Magistrate is then able to make an order restructuring all the consumers’ debts. This training could lead to a dramatic increase in the number of consumers dealing with debt via debt review.

It is also reported that the NCR has been busy engaging with Magistrates in regard to their experiences with everything “debt review”, including debt review removal and normal applications.

 The Debt Counsellors Association of South Africa (DCASA) has assisted to set up appointments with various courts. They report being encouraged by the fact that the NCR is engaging industry including the magistrates courts to help improve the industry from the ground up.

DCASA President Casper le Grange says: “We can only make meaningful progress if all role players are willing to engage, listen, and work towards practical solutions.“