welcome
MFSA Member & Service Provider meeting 22 September 2016 Protea Hotel Midrand
AGENDA Time Agenda Items 10:00 Welcome and Introductions MFSA Industry Update Legal Update Rates & Fees Declarator: Deferred amount Strategic Fund Discussion and Closure 13:00 Lunch
Welcome MFSA Members & Service Providers
MICROFINANCE SOUTH AFRICA The recognised voice of Reputable Micro financiers
MISSION Promoting the interests of all members and their clients through: Advocacy Member interaction Development
Ensuring a sustainable Microfinance Industry VISION Ensuring a sustainable Microfinance Industry
Professionalism Ethical Conduct Client Care VALUES Professionalism Ethical Conduct Client Care
If you think big, then it’s going to be big. E. Lagasse
A goal without a plan is just a wish. A. de Saint-Exupéry
The path to success is to take massive, determined actions. T. Robbins
Politics
Everything affects everything
MFSA POSITION
Membership
MFSA Members: Aug 2016
Offices Since March 2013
We are turning 21
Attendance & support required MFSA Outreach 21 Sessions All 9 provinces Attendance & support required
Strategic Session November MFSA Board Members & Management Strategic Discussions and focus areas for 2017
Where do you want to see change?
On our Desk
Membership: Services we are busy with Compliance Manual Tribunal Case booklet Search & Seizure Process update Credit Policy Deferred Amount opinion Rates and Fees interpretation opinions Training for Credit Providers Consumer Education material LOCKED WEBSITE
MFSA Industry Update
Critical Matters Credit Life Data SASSA Legal Collections Payment Systems National Credit Regulator Deferred amount Rates and Fees
Credit Life
Data
South African Social Security Agency (SASSA)
Legal Debt Collection
Payment Systems
NCR Relationship
What are they up to?
Consumer is KING to them
We are here to serve BUT We are not slaves
If consumer is king… what about business Microfinance Industry
Deferred Amount
Deferred Amount NCR Circular NCR can give non-binding opinions Tribunal matter MFSA approached attorney
OUR Actions Legal Opinions NCR engagement Legal Strategy to follow
Legal opinions received Interest may be charged on amounts that become due and which amounts includes those mentioned in the sections Henk Cilliers
Legal opinions received The NCR’s reliance on section 102, as mentioned in the Notice 15 is not a basis to determine that in respect of unsecured and short term loans, the initiation fees cannot be deferred and interest cannot be charged on it. JA Augustyn
Court application Filed: Declarator Initiation Fee (deferred amount), pro-rata service fee
Progress NCR & DTI has apposed declarator Another party approached court for declarator Cases will not be joined MFSA to proceed with MFSA application
Rates and Fees
We will proceed with review!! The Judge stated that the review process was in the public interest. The Judge explicitly stated that the parties will be well advised to approach the DJP of this division to arrange for case management of the review part of the MFSA application and for the allocation of a preferential date for the hearing thereof.
Important dates Applicant: Supplementary affidavit: 1 July 2016 Respondent: Supplementary affidavit: 29 July 2016 Applicant: Replying affidavit: 15 August 2016 Applicant: Heads of Argument: 5 September 2016 Respondents: Heads of Argument: 19 September 2016 Hearing: 11,12,13 October 2016
Process and Road Ahead Heads of argument filed Dti & NCR Heads of argument received Prepare for court case Hearing: 11,12,13 October 2016
Judge has been assigned Hounourable Mr Justice AA Louw
Funding Required
Risk MFSA Financially responsible Association; Board members has fiduciary duty
Funding Funding Required: Est R3.5 million R2 million has been received Rates & Fees Deferred amount Free Riding will be unfair and possibly fatal If no contributions received – must abandon process
Financial Pledge and Commitment Pledge: R 1 905 745.65 Received: R1 803 096.65 Still need: R1 500 000 R3000 per branch
Members Contribution Number of offices Number of entities June % Value One office 356 92 26% R481 890 2 - 10 105 35 33% R464 610 11 - 23 9 5 56% R268 000 32 - 50 3 1 R12 000 51 - 99 2 50% R110 000 100+ 100% R150 000 CPO R10 000
MFSA Contribution Number of Offices % 719 60% 467 40% No pledges Commitments 467 40%
Service Provider Contribution 8 Service providers out of 28 contributed Amount: R420 746 Service Provider 1: R300 000 Service Provider 2: R50 000
MFSA Funds have been used for process, in excess of R600 000 This is an Extra-ordinary Expense
We still require at least R1.5 million
DTI & NCR OPPOSING BOTH MATTERS What will this pay for? Review: Rates and Fees Advocate & Attorney Preparation work Court appearance Declarator DTI & NCR OPPOSING BOTH MATTERS
We need
Members mandated MFSA
This is very serious
Justice need to be done Nobel Prize in Literature
War Room Discussion
Collaborative approach
Proposals & Suggestions Required
Pledge Forms
MFSA Contact Details 012 346 1081 Uncial Haupt: info@mfsa MFSA Contact Details 012 346 1081 Uncial Haupt: info@mfsa.net Dorien Roose: fin@mfsa.net Leonie van Pletzen: ops@mfsa.net Hennie Ferreira: ceo@mfsa.net www.mfsa.net