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 …

This is an article by Brett Bentley , which appeared in the August 2012 edition of the SA Attorneys Journal – De Rebus.
It has been over five years since the full implementation of the well-intentioned National Credit Act 34 of 2005 (NCA). However, despite its good intentions, some debtors may feel frustrated by the outcome after pursuing debt relief in terms of the provisions of ss 86 to 88 of the Act.
For the past five years the National Credit Regulator (NCR) has tried – to borrow from an old proverb – …

With the continuing effects of the economic downturn being felt by businesses, the importance of good credit management has been magnified and all companies credit management policies need to be reviewed and upgraded in order to avoid your company becoming a statistic of the poor economy. In addition credit management is also being impacted by the new legislation such as the National Credit Act, the Consumer Protection Act and the new Companies Act.
This is a half day seminar in Midrand on the 22nd of February 2013 aimed at commercial creditors (businesses who …

The Credit Ombud, the office created to deal with complaints from consumers and businesses that are negatively impacted by credit bureau information or when a consumer has a dispute with a credit provider, debt counsellor or payment distribution agent has released its report for 2011. A copy of the full report can be downloaded here.
A summary of the statistics contained in the report :
Complaints and enquiries received                                        14 167
calls received by the …

Malcolm Rees in The Citizen gives an overview of the  Protection of Personal Information Bill (POPI) , which is anticipated to be passed this year.
“While seeking to ensure that individuals have the maximum control over the flow of their personal information, the new laws will compel many organisations to entirely re-think the way they handle such information.
The Protection of Personal Information Bill is currently being reviewed by Parliament and is expected to come into law sometime this year.
Popi “will be the most comprehensive Bill dealing with the protection of information in …

With the continuing effects of the economic downturn being felt by businesses, the importance of good credit management has been magnified and all companies’ credit management policies need to be reviewed and upgraded in order to avoid your company becoming a statistic of the poor economy. In addition credit management is also being impacted by the new legislation such as the National Credit Act, the Consumer Protection Act and the new Companies Act.
 
This is a half day seminar in Durban on the 18th May 2012 aimed at commercial creditors (businesses who …

 With the continuing effects of the economic downturn being felt by businesses, the importance of good credit management has been magnified and
all companies’ credit management policies need to be reviewed and upgraded in order to avoid your company becoming a statistic of the poor
economy. In addition credit management is also being impacted by the new legislation such as the National Credit Act, the Consumer Protection Act
and the new Companies Act.
 
This is a half day seminar in Cape Town on the 21st October 2011 aimed at commercial creditors (businesses who supply …