National Credit Regulator
77 days = progress, priorities
Gabriel DavelAugust 2006
2
Significance of the Act= Rationale for Regulator
Act will drastically affect the credit market
Current position not sustainableUndesirable practices …. damage to consumers … & little relief in
current, outdated, legislation
Which undesirable practices ?► blacklisting; negative option selling; reckless lending► extreme interest rates; credit life insurance … & misleading disclosure► extreme over-indebtedness … no effective debt rehabilitation … payroll
deductions & garnishees … & inflated debt collection charges
3
General philosophy regarding implementation of Act
Effective implementation critical & not negotiable► Huge responsibility; major legislation; major impact► limited discretion … no “negotiation on compliance”
BUT: Co-operation critical for effective implementation
Progress► Overall, outstanding co-operation, most parties extremely co-
operative► … although we are preparing for at least a few of major legal
challenges
4
New Premises = Midrand, next to N1, NewRoad Exit
Date o
f Inaugura
tion
=
30 August 2
006
5
Implementation of Act
Registration– 3061 applications received within deadline– 3262 applications received to date– Letter of acknowledgement = temporary registration– Incl. 24 banks; all 4 big Insurance companies + short-term
+ big employers– Prioritize credit bureaus – stuff are we seeing; people that are trying to avoid /
circumvent
Transitional issues– Usury Act & Credit Agreements Act remain binding until
Credit Act’s 1 June effective date– NCR responsible for enforcement
6
Awareness creationSynchronize with effective dates of different chapters
Web Site = www.ncr.org.za
Radio = 27 (+53 s/bytes) TV = 6Print = 44 R2.6million of exposure created
Workshopscommunity focus = 27industry = 20
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Debt Counsellors
Requirements of Act– S129 & S130: Notice & Magistrate Court Procedure– Debt Counselling, Debt Restructuring & Court Order
Biggest single challenge in Act– achieving national coverage; 1st target = major metropolitan centres &
access nationally – Training outcomes finalised, material being developed & training
institutions being selected– Significant time and resources into this area
Significant uncertainty– 80,000+ debt judgments per month how many over-indebted ? how
many will seek assistance ?
We’ll get there … or die trying !!
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Conclusion
Priorities next 9 months:-– Action against reckless lending under Exemption notice – Credit bureaux compliance– Continued engagement with industry in getting ready for 1 June 2007– Massive effort in creating debt counselling capacity
Conclusion:-No significant problem in contents of the Act = no reason why it should not be fully and effectively
implemented
A luta continua !A victoria e certa ?!
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NCR Management Team
Credit Information
Rashid Ahmed
Finance
EducationProsecutions
Registrations
ComplaintsCEOCEO
Staff: 60+ Female: 61 % Black: 83%
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Thank You !