After vaguely fielding questions about why the NCR were lax on taking action against debt
mediators (debt review outside of the NCA) and ADRAs who offered debt review-like services,
outside of what they were allowed to do, she mentioned that a recent raid in Limpopo had
resulted in the DC being referred to the NCT.
Ms Georgina Kgadima next spoke on behalf of the NCR monitoring office. Ms Kgadima spoke
on the topic of Debt Counsellors cancelling appointments last minute and how the NCR have a
problem with the promotion of debt review over the phone or via a call centre set up. This was
one of the first times that the NCR have somewhat defined what they are concerned about when
it comes to consumers dealing with call centres. The NCR even has a billboard campaign costing
thousands and the reasons have never been clear as to why they disapprove. It seems that some
of the concern is over consumers being contacted (not contacting a DC themselves) and told
about debt review. In some cases, consumers have been signed up for debt review without
making a proper commitment to the process. Later such consumers ,who go looking for further
credit, find they cannot get it as they are now registered with the NCR. They then contact the
NCR, creating more work for the NCR in trying to sort the matter out.
POPI IGNORED?
An interesting question was raised in regard to POPI violation when the NCR arrives at a Debt
Counsellors Office and asks to see consumers private and confidential information without
consent from the consumer. Ms Kgadima indicated that waiting for permission from such
consumers would make it hard for the NCR to monitor timeously and thus “it would not work”
for them. No real resolution was reached about if this represented a POPI violation or not.
Magistrate Mannie Van Reenen (of the Bellville Magistrates Court) presented regarding the
2009 Declaratory Order and more recent court matters including FNB v Barnardt (where the DC
was ordered to pay costs) and Nedbank v Norris & Magistrate Dumani (where the High Court
said the Magistrate should never have unilaterally changed interest rates without consent). He
discussed how he likes applications to look and stated;” I am not a difficult Magistrate”.
After a presentation by Ms Lizelle Squirra ( NCR Registrations & Compliance) regarding affordability
assessments Ms Celancia Froneman of the new African Bank (formerly known as African Bank)
discussed the recent organisational changes at African Bank. Recently the Bank has split into
Residual Debt Services and the all new African Bank. African Bank will collect on behalf of Residual
Debt Services so little will change from a consumer perspective. She did however explain the
changes that may be needed for court documentation in regard to registration numbers and
phrasing that may be needed to clarify who was who. She also had the opportunity to review the
new look African Bank CoBs which will help clarify which debt is with whom.
Lunch was a busy affair with lots of opportunities to mingle and engage with various displaying