Council for Debt Collectors

Access to Information Act

MANUAL IN TERMS OF SECTION 14 OF THE PROMOTION OF ACCESS TO INFORMATION, 2000 (ACT 2 OF 2000)

Introduction

In terms of Section 14(1) of the Promotion of Access to Information, 2000 (Act 2 of 2000), the information officer of a public body must compile in at least three official languages a manual containing certain specified information.

The Council for Debt Collectors derives its powers from the Debt Collectors Act, 1998 (Act 114 of 1998). The Council for Debt Collectors is a public body as contemplated in paragraph (b)(ii) of the definition of ‘public body’; namely an institution exercising a public power of performing a public function in terms of any legislation. The Council for Debt Collectors consequently manages the access to its own records.

Contact details

The Executive Director of the Council is the information officer of the Council.

The offices of the Council for Debt Collectors are situated in the –

Rentmeesterpark Building

West Wing, Ground Floor,

74 Watermeyer Street,

Val de Grace,

Pretoria,

0184

The postal address is as follows:

Executive Director

Council for Debt Collectors

P O Box 836,

Silverton,

0127

Telephone: (012) 804 9808

Fax: (012) 804 0744

Internet: www.debtcol-council.co.za

E-mail: info@debtcol-council.co.za

Office hours: 07h30 – 16h00

Monday to Friday

A guide on how to use the promotion of access to information Act, 2000

In terms of section 10 of the Promotion of Access to Information Act, 2000 the Human Rights Commission must compile in each official language a guide containing such information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in this Act.

The particulars of the Head Office of the Human Rights Commission are as follows:

Private Bag 2700

Houghton, 2041

Johannesburg

0002

Tel: (011) 484 8300

Fax: (011) 484 1380

Structure and functions of the Council for Debt Collectors

Establishment of the Council for Debt Collectors

The Council for Debt Collectors was established by the Debt Collectors Act, 1998 (Act 114 of 1998). The Act and Regulations promulgated in terms of section 23 of the Act were put into operation with effect from 7 February 2003. From 11 August 2003 no person could act as a debt collector unless registered with the Council.

Objects of the Council for Debt Collectors

The Council is a juristic person. In terms of section 2 of the Act the objectives of the Council are to exercise control over the occupation of debt collectors. This is accomplished by –

Keeping of the registers prescribed by section 12 of the Act;
Collection of registration fees and annual subscription fees;
The investigation of allegations of improper conduct against a debt collector;
Taking disciplinary steps in cases where it is justified and, on conviction impose one or more of the sentences prescribed in section 15 of the Act. The hearings are open to the public.

In short, the Council for Debt Collectors is a statutory body established to regulate the occupation of debt collector by providing for the registration of debt collectors; to exercise control over the occupation of debt collector; and to legalize and regulate the recovery of fees or remuneration by registered debt collectors.

Constitution of Council for Debt Collectors

The Council for Debt Collectors consists of not more than 10 members appointed by the Minister of Justice for a period not exceeding three years.

In terms of section 3(2) of the Act the Council is constituted as follows:

Any fit and proper person with a suitable degree of sill and experience in the administration of civil matters, as Chairperson;

As members –

A magistrate;

an attorney nominated by a representative body or bodies;

at least two but not more than four, debt collectors, two of whom shall be appointed after consultation with organizations representing debt collectors, who are natural persons and who have exercised the occupation of debt collector for at least three years;

two persons, who in the Minister’s opinion are fit and proper persons to serve on the Council; and

one person from nominations submitted by institutions consumer interests and who, in the opinion of the Minister, is a fit and proper person to serve on the Council.

Committees

Section 5(1) of the Act provides for the appointment by the Council of not less than three but not more than five of its members as an Executive Committee to perform all the powers and functions of the Council between meetings of the Council; provided that the majority of the members must be members of the Council other than those appointed in their capacity as debt collectors. The Executive Committee is not competent to set aside or vary a decision of the Council or to withdraw a certificate of registration.

Any act performed or decision taken by the Executive Committee is valid in so far as it is not varied or set aside by the Council.

Disciplinary Committees

The Council may in terms of regulation 7 of the Regulations published in Government Gazette, No. 24351 of 7 February 2003:

Establish a committee or committees, consisting of at least three members of the Council, one of whom must be suitably qualified in law, and designate one of those members as chairperson of the committee; or

Nominate a person or persons, as and when necessary, to investigate any allegation of improper conduct as provided for in this regulation.

Personnel

The Council appoints such personnel as it may deem necessary for the efficient performance of its functions and management of its administration.

Finances

The Council generates its own income through the registration and fees of prospective debt collectors, and the annual subscription fees payable by registered debt collectors.

Registers

The Council must keep –

a register of the names and prescribed particulars of every debt collector whose application for registration under section 9(3) has been approved, who is in possession of a valid certificate of registration (the register of active debt collectors); and

a register of the names and prescribed particulars of every debt collector whose registration has been cancelled at the debt collector’s request or whose registration has been withdrawn or disapproved by the Council, and the reasons therefore (the register of inactive debt collectors).

The register of active debt collectors must –

be published on the website of the Council,
be updated every month by the Council; and
be submitted to Parliament within 14 days after the end of each financial year.

The register of inactive debt collectors must be updated every month by the Council.

Both registers must be available for inspection by the public at the prescribed places and times.

The Council must, when it submits the register to Parliament of active debt collectors publish a notice in the Gazette and in a national newspaper, setting out the prescribed places and particulars where the register is available for inspection by the public.

Records of the Council for Debt Collectors

All records of the Council are kept at the offices of the Council.

The Council keeps the following records:

A record of all applications received from debt collectors to register with the Council;

a record of all the applications that were approved;

a record of all the applications that were rejected;

a record of all complaints received from members of the public and debt collectors and of disciplinary hearings held;

a record of all enquiries received from members of the public and debt collectors;

all the minutes and agendas of the meetings of the Council and the Executive Committee;

financial records of the Council; and

various administrative records.

Records that are automatically available to either employees only or the general public

The following records are available to all employees and need not be requested in terms of section 18 of Act 2 of 2000:

Personal records are available to the employees concerned;

records of disciplinary hearings and related matters are available to the employee concerned;

the Council’s code of conduct applicable to employees is available to all employees.

The following records are available to the general public and all employees and need not to be requested in accordance with the procedure prescribed by Section 18 of the Access to Information Act, 2000:

Perusal of the register of registered debt collectors at the Council’s offices or obtaining information contained in the register by telephone, e-mail, post and / or fax; and

should the person require a copy of the register or part thereof it can be obtained against payment of the prescribed fees.

All other records must be requested in accordance with the procedure prescribed by section 18 of the Access to Information Act, 2000.

Services available to members of the public

In terms of Regulation 7(2) of the Regulations a member of the public, or a debt collector, can lodge a complaint at the Council against a registered debt collector.

The complaint must be in the form of an affidavit containing the following information –

A short history of the matter;

the particulars of the specific incident which the complainant is complaining about;

the full particulars of the debt collector;

statement by any witnesses, if any; and

verifying documentation, if any.

The debt collector concerned is informed of the allegations. The debt collector has 5 days to react to the complaints. A committee of the Council will then consider the allegation and its reaction, and deal with it in the manner it deems fit, which can include charging the debt collector with improper conduct.

If found guilty a debt collector can in terms of Section 15(3) of the Act be given the following sentence or punishment:

Withdraw all of his or her registration as a debt collector;

suspension his or her registration for a specified period or pending the fulfillment of a condition or conditions;

imposing a fine not exceeding the prescribed amount, which fine is payable to the Council;

reprimanding the debt collector;

recovery of the costs incurred by the Council in connection with the investigation;

ordering the reimbursement of any person who the Council is satisfied has been prejudiced by the conduct of such debt collector and to furnish the Council within a specified period with proof of such reimbursement; or

combining any of the above-mentioned penalties.

The Council makes the register of the registered debt collectors available to members of the public at the Council’s offices. The public or debt collectors can also do telephonic enquiries relating to the status of a specific debt collector.

The Council, however, does not furnish legal advice or assist members of the public with legal problems relating to the payment of debts.

Meetings and minutes of meetings

In terms of section 4(1) of the Act the Council must meet for the first time at the time and place determined by the chairperson and thereafter at least three times every financial year at the time and place determined by the Chairperson or, in his or her absence, the Vice-Chairperson.

The quorum for a meeting of the Council is a majority of its members.

Proper minutes of Council meetings as well as meetings of the Executive Committee is kept at the offices of the Council.

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