At a Trade and Industry Portfolio Committee meeting held last Wednesday 27 February 2013, the banking sector rejected the proposed credit amnesty for certain indebted people.  The department proposed expunging poor credit records of people earning less than R15 000 a month and who have debts of less than R10 000, on the basis that it would stimulate economic growth and job creation.
The banking sector rejected the proposal on the basis that such an amnesty could create risk in lending and would have little positive impact on economic growth and job creation.
The …

 
Mario Oriano-Ambrosini MP , fought all the way to the Constitutional Court for his right to bring a Private Member’s Bill – the National Credit Act Amendment Bill. This in itself was an important development in the administrative law of the country.
Unfortunately the bill that was so hard fought for itself leaves a lot to be desired.
The Bill was ultimately rejected by parliament and Brett Bentley submissions to parliament on the bill were:
“It is respectfully submitted that the proposed changes to the National Credit Act No 34 of 2007 (“the Act) contained in the National …

Bentley Credit Control had a successful commercial credit management seminar on Friday the 22nd February 2013 in Midrand with a excellent group of credit managers and credit controllers. It is apparent that with the ever increasing amount of new legislation and other developments that we will in future have to expand this ever popular seminar into a full day event. Thank you to all who attended for your questions , input , positive feedback  and support.
The next Commercial Credit Management seminars coming up on our calendar are the 7th June …

The original version of Brett Bentley cover article appearing in the March 2013 De Rebus, the official SA Attorneys journal.
 
Background
The term “garnishee order” is commonly but mistakenly applied to an emoluments attachment order (“EAO”).
An EAO is granted in terms of Section 65J of the Magistrates’ Courts Act (“MCA”), ordering an employer (referred to as a garnishee, hence the confusion) to make deductions from a debtor’s salary or wages and pay this across to the creditor or it’s attorneys. A Garnishee order is in terms of Section 72 of the MCA, and …

Linda Ensor in Business Day Live reported on the future:
“Amendments to the National Credit Act were in the pipeline to streamline the process of debt review and counselling and to address issues raised in a number of court judgments, Parliament’s trade and industry committee heard last week.
The amendments flow from a holistic review of consumer credit policy undertaken by the University of Pretoria and will be submitted to Parliament during the 2013 -14 financial year.
In the meantime, Inkatha Freedom Party MP Mario Oriani-Ambrosini introduced a private member’s bill which proposes …