Debt Collectors Amendment Draft Bill, 2016

Call for comments opened 15 October 2015 Share this page:

Submissions are now closed (since 30 November 2015)

Justice and Correctional Services

The Department of Justice and Constitutional Development invites you to comment on the proposed Debt Collectors Amendment Draft Bill.

The Bill marks a departure from the current position in that it seeks to subject attorneys who do debt collection to the jurisdiction of the Council for Debt Collectors in terms of the Debt Collectors Act , 1997 (Act No. 114 of 1998).

The Bill seeks to amend the Debt Collectors Act 1998, so as to :
▪ amend and insert certain definitions; to make the Act applicable to attorneys;
▪ make provision for the registration and regulation of debt collectors interns;
▪ provide that the list of registered debt collectors may be submitted to Parliament electronically;
▪ further regulate the processes dealing with improper conduct of debt collectors;
▪ provide for the payment of admission of guilt fines by debt collectors in respect of certain cases of improper conduct;
▪ provide for the appointment of inspectors to assist the Council for Debt Collectors with investigations of complaints against debt collectors;
▪ empower the Council for Debt Collectors to tax or assess any account or statement of costs;
▪ further regulate the administration of trust accounts of debt collectors;
▪ extend the matters in respect of which regulations may be made;
▪ empower the Council for Debt Collectors to delegate certain of its powers and functions;
▪ empower the Council for Debt Collectors to exempt debt collectors from certain requirements of the Act; to require the Rules Board for Courts of Law and the Council for Debt Collectors to make recommendations to the Minister on fees and expenses payable in respect of debt collection.

Comments can be emailed to Ms A van der Walt at alvanderwalt@justice.gov.za by no later than Sunday, 31 January 2016.

Enquiries can be directed to Ms A van der Walt on tel (012) 406 4767