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NOTE: Assented to and published in English, with alternative copy in Zulu
[NOTE: Act 2019_007_000_20190819 was published in GG20190819-42649_0650_1081, but was withdrawn and substituted by way of a Note at the top of a second publication, as Act 2019_007_000_20190819_42653_0650_1086]
Long title
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.
Table of contents
| SECTION | TITLE |
| PREAMBLE | |
| 1. | Amendment
of section 1 of Act 34 of 2005... [sic - referents] |
| 2. | Amendment
of section 3 of Act 34 of 2005 |
| 3. | Insertion
of section 15A in Act 34 of 2005 |
| 4. | Amendment
of section 27 of Act 34 of 2005... |
| 5. | Amendment
of section 60 of Act 34 of 2005 |
| 6. | Insertion
of section 69A in Act 34 of 2005 |
| 7. | Amendment
of section 70 of Act 34 of 2005 |
| 8. | Amendment
of the section 71 of Act 34 of 2005... |
| 9. | Amendment of section 71A of Act 34 of 2005... |
| 10. | Insertion
of section 82A in Act 34 of 2005 |
| 11. | Substitution
of section 85 of Act 34 of 2005 |
| 12. | Amendment
of section 86 of Act 34 of 2005... |
| 13. | ]Insertion
of section 86A in Act 34 of 2005 |
| 14. | Amendment
of section 87 of Act 34 of 2005 |
| 15. | Insertion
of section 87A in Act 34 of 2005 |
| 16. | Insertion
of section 88A and 88B in Act 34 of 2005 |
| 17. | Amendment
of section 89 of Act 34 of 2005... |
| 18. | Amendment
of section 90 of Act 34 of 2005 |
| 19. | Amendment of section 106 of Act 34 of 2005... |
| 20. | Amendment
of section 129 of Act 34 of 2005... |
| 21. | Amendment
of section 130 of Act 34 of 2005... |
| 22. | Amendment of section 137 of Act 34 of 2005... |
| 23. | Amendment
of section 142 of Act 34 of 2005... |
| 24. | Amendment
of section 152 of Act 34 of 2005... |
| 25. | Insertion
of sections 157A, 157B, 157C and 157D in Act 34 of 2005 |
| 26. | Substitution of section 161 of Act 34 of 2005 |
| 27. | Amendment
of section 164 of Act 34 of 2005 |
| 28. | Amendment
of section 165 of Act 34 of 2005 |
| 29. | Amendment
of section 171 of Act 34 of 2005 |
| 30. | Substitution
of the long title of Act 34 of 2005 |
| 31. | Transitional
provision |
| 32. | Short title and commencement |
Legislation Text Access Point
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| As unamended Act 2019_007_000_20190819_42649_0650_1081_0000 . . | EXT.LINK | REQ.INFO | LINK |
| As
withdrawn and substituted by GG20190819_42663_0650_1086_0000** . |
EXT.LINK | REQ.INFO | LINK |
| As amended by ... | N/A | REQ.INFO | LINK |
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