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National Credit Amendment Bill

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Presentation on theme: "National Credit Amendment Bill"— Presentation transcript:

1 National Credit Amendment Bill

2 Draft National Amendment Bill published in Government Gazette Number 41274 on 27 November 2017.
Presentation & submissions to the Portfolio Committee on Trade and Industry on 30, 31 January and 2 February

3 Debt intervention (relief) to Consumers with income below R7 500
Purpose of Bill Debt intervention (relief) to Consumers with income below R7 500 General Support for the initiative but…

4 Consumer NCR Tribunal Credit Bureau
Consumer applies NCR evaluate and refer to NCT Credit Bureau flags NCR submits orders to Credit Providers Credit Providers restructure/write off Credit Bureaus update and remove after defined period Accept Application Keeps register Evaluate applications Refer to Tribunal Assess and suspend Reckless Credit & refer to Tribunal Inform Credit Providers Inform Credit Bureaus Keep register NCT – review – single member Grant orders Inform NCR Grant extensions Grant rehabilitation Orders Flag Consumers Remove flag Update Consumer records Amend Consumer records Remove flag after max period Credit Providers: No active role other to wait for Order and amend Clients’ debt agreement

5 Debt Intervention Comments – DTI Portfolio Committee
Undefined and unworkable process Unconstitutional New unaligned Process Power of Minister? Why R7 500? Lack of defined process NCR capacity and role Annual review not feasible Poor Man Sequestration? Change to Section 3 = change to purpose of NCA Non-reporting of Reckless is Criminal Offence Cost of Central register. S69 not previously implemented Forced Credit Life Arbitrary deprivation of property Role of NCT and single member approval Penalties – deviates from objective of bill Access by Applicants to apply questioned

6 Debt Intervention Comments
Undefined and unworkable process Unconstitutional Power of Minister? New unaligned Process Why R7 500? Lack of defined process NCR capacity and role Annual review not feasible Poor Man Sequestration? Change to Section 3 = change to purpose of NCA Non-reporting of Reckless is Criminal Offence Cost of Central register. S69 not previously implemented Forced Credit Life Arbitrary deprivation of property Role of NCT and single member approval Penalties – deviates from objective of bill Access by Applicants to apply questioned

7 Debt Intervention – DTI & NCR Comments
Recommend that the Bill be referred for constitutional certification Support: S88A, 88D, 88(A), 82A, 88C, 88B, 88(4), 88D, 88(4), 88E (1) to (6) but move to NCR, S106 Process of rule nisi be included Financial distress to be defined Credit Providers be allowed to make submissions to the NCR during the application evaluation stage No comments on: Process feasibility, Cost of central register, Staff, cost, System requirements and cost Convene a task team- to make technical inputs into the drafting of the Bill in order to align them to the policy position.

8 Debt Intervention: The Future
Wide Support for Debt Intervention…

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