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welcome
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MFSA Member & Service Provider meeting
22 September 2016 Protea Hotel Midrand
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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
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Welcome MFSA Members & Service Providers
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MICROFINANCE SOUTH AFRICA
The recognised voice of Reputable Micro financiers
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MISSION Promoting the interests of all members and their clients through: Advocacy Member interaction Development
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Ensuring a sustainable Microfinance Industry
VISION Ensuring a sustainable Microfinance Industry
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Professionalism Ethical Conduct Client Care
VALUES Professionalism Ethical Conduct Client Care
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If you think big, then it’s going to be big. E. Lagasse
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A goal without a plan is just a wish. A. de Saint-Exupéry
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The path to success is to take massive, determined actions. T. Robbins
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Politics
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Everything affects everything
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MFSA POSITION
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Membership
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MFSA Members: Aug 2016
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Offices Since March 2013
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We are turning 21
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Attendance & support required
MFSA Outreach 21 Sessions All 9 provinces Attendance & support required
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Strategic Session November
MFSA Board Members & Management Strategic Discussions and focus areas for 2017
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Where do you want to see change?
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On our Desk
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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
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MFSA Industry Update
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Critical Matters Credit Life Data SASSA Legal Collections
Payment Systems National Credit Regulator Deferred amount Rates and Fees
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Credit Life
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Data
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South African Social Security Agency (SASSA)
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Legal Debt Collection
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Payment Systems
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NCR Relationship
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What are they up to?
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Consumer is KING to them
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We are here to serve BUT We are not slaves
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If consumer is king… what about business
Microfinance Industry
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Deferred Amount
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Deferred Amount NCR Circular NCR can give non-binding opinions
Tribunal matter MFSA approached attorney
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OUR Actions Legal Opinions NCR engagement Legal Strategy to follow
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Legal opinions received
Interest may be charged on amounts that become due and which amounts includes those mentioned in the sections Henk Cilliers
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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
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Court application Filed: Declarator
Initiation Fee (deferred amount), pro-rata service fee
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Progress NCR & DTI has apposed declarator
Another party approached court for declarator Cases will not be joined MFSA to proceed with MFSA application
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Rates and Fees
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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.
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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
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Process and Road Ahead Heads of argument filed
Dti & NCR Heads of argument received Prepare for court case Hearing: 11,12,13 October 2016
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Judge has been assigned
Hounourable Mr Justice AA Louw
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Funding Required
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Risk MFSA Financially responsible Association;
Board members has fiduciary duty
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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
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Financial Pledge and Commitment
Pledge: R Received: R Still need: R R3000 per branch
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Members Contribution Number of offices Number of entities June % Value
One office 356 92 26% R 2 - 10 105 35 33% R 9 5 56% R 3 1 R12 000 2 50% R 100+ 100% R CPO R10 000
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MFSA Contribution Number of Offices % 719 60% 467 40% No pledges
Commitments 467 40%
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Service Provider Contribution
8 Service providers out of 28 contributed Amount: R Service Provider 1: R Service Provider 2: R50 000
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MFSA Funds have been used for process, in excess of R600 000 This is an Extra-ordinary Expense
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We still require at least R1.5 million
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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
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We need
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Members mandated MFSA
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This is very serious
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Justice need to be done Nobel Prize in Literature
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War Room Discussion
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Collaborative approach
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Proposals & Suggestions Required
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Pledge Forms
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MFSA Contact Details 012 346 1081 Uncial Haupt: info@mfsa
MFSA Contact Details Uncial Haupt: Dorien Roose: Leonie van Pletzen: Hennie Ferreira:
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