National Credit Amendment Act 7 of 2019 (English / isiZulu)

Files: 
7 of 2019

The National Credit Amendment Act 7 of 2019 intends: 

  • to amend the National Credit Act, 2005, so as:
    • to provide for debt intervention;
    • to insert new definitions;
    • to include the evaluation and referral of debt intervention applications as a function of the National Credit Regulator and to provide for the creation of capacity within the National Credit Regulator and logistical arrangements to execute this function;
    • to include the consideration of a referral as a function of the Tribunal;
    • to provide for the recordal of information related to debt intervention;
    • to require a debt counsellor to investigate whether an agreement is reckless;
    • to provide for a court to enquire into and either refer a matter for debt intervention or make an order related to debt intervention;
    • to provide for a Magistrate’s Court and the Tribunal to determine the maximum interest, fees or other charges when re-arranging debt and for guidance to be prescribed in this regard;
    • to provide for an application for debt intervention and the evaluation thereof;
    • to provide for the Tribunal to re-arrange a consumer’s obligations and make an order in respect of an unlawful credit agreement;
    • to provide for orders related to debt intervention and rehabilitation in respect of such an order; to provide for mandatory credit life insurance to be prescribed;
    • to provide for offences related to debt intervention, prohibited credit practices, selling or collecting prescribed debt and related to failure to register as required by the Act;
    • to provide for measures when an offence is committed by a person other than a natural person;
    • to provide for penalties in relation to the newly created offences;
    • to provide for the Tribunal to change or rescind an order under certain circumstances;
    • to require the Minister to make regulations related to a financial literacy programme;
    • to provide in a transitional provision for the application of this Amendment Act to credit agreements entered into before its commencement; and
  • to provide for matters connected therewith.

Commencement

  • Comes into operation on a date fixed by the President by proclamation in the Gazette