The Debt Collectors Amendment Bill 2016 The “UN-LOBBIED” sections of the Bill Jan van Rensburg - Attorney - Van Rensburg Attorneys

The Debt Collectors Amendment Bill Registration of attorneys as Debt Collectors Section 8 A(1)(2). 2. Definition of attorney: admitted & in possession of Fidelity Fund Certificate. 3. “Debt collector” means - an attorney or his/her employee. Jan van Rensburg - Attorney - Van Rensburg Attorneys

The Debt Collectors Amendment Bill 2016 ON WHO’S REQUEST?  1. Not Council for Debt Collectors.  2. Not LSSA or organized profession.  3. Not the Industry. DEPUTY MINISTER JEFFERY:  1. Task team set up by National Treasury & DTI.  2. Black Sash.

The Debt Collectors Amendment Bill 2016 PREAMBLE  1. Abuses  2. Perceived lack of control  3. Tariffs UNIVERSITY OF STELLENBOSCH DECISION  Section 45 misuse or incorrectly applied

The Debt Collectors Amendment Bill 2016 RECOMMENDATIONS: 1. Amend Sec Right to tax litigious matters 3. Rule Judicial oversight 5. Exclude from Contingency Fees Act 6.Clear definition of debt 7.Distinguish between pre-and-post litigation collections Jan van Rensburg - Attorney - Van Rensburg Attorneys