Parliamentary committee concerned about reckless lending

21 May 2016 - 16:11 By TMG Digital

Parliament’s Portfolio Committee on Trade and Industry is concerned about continued reckless lending and has called for enforcement in the sector to be beefed up.The committee interacted with the National Consumer Tribunal (NCT) on Friday regarding specific cases that were filed by the National Credit Regulator (NCR).It also had a status report by the Department of Trade and Industry (DTI) on matters that require inter-governmental coordination to give full effect to the National Credit Amendment Act (NCAA) and related concerns.The committee heard that reckless lending was continuing despite efforts to address this in the NCAA.Committee Chairperson‚ Ms Joanmariae Fubbs‚ emphasised the importance of beefing up enforcement.“We have an Act. We have laws‚ otherwise why make laws? I am distressed to hear that reckless lending is continuing.”The committee recommended that a new category of crimes be included in the Act‚ one that outlaws repeated or gross reckless lenders.Ms Fubbs said something needed to be urgently done in this regard and to introduce measures regarding debt forgiveness.The committee said that the legal impediments preventing the NCR from being able to enforce its mandate should urgently be addressed.The Committee also heard that the 2015/16 financial year was very challenging for the NCT. Challenges included a rapid increase in caseloads‚ case management implementation issues‚ and procedural steps by parties that are outside of the NCT’s control‚ which are increasing turnaround times on finalisation of cases.The NCT received 19‚097 cases in 2015/16 financial year. This is a 99.16% increase from 9‚589 cases received during 2014/15.Over a three year period‚ the NCT’s caseload has almost quadrupled‚ while financial resources increased by 12.93% on average year on year.All these factors combined resulted in the NCT struggling to attain and sustain the expected levels of service delivery.The committee further heard that the continuous increase in its caseload may ultimately compromise the NCT in achieving all of the targets set for 2016/17-2018/19.The committee expressed concern about the time it takes to finalise non-debt rearrangement matters where there are delays outside the NCT’s control.In 41 pending matters filed by the NCR‚ where there were postponements‚ condonation applications or matters held over due to High Court applications‚ the NCT stated that the average turnaround period was 256 days.The committee was also concerned about the amount of non-debt rearrangement matters declined due to insufficient information.Ms Fubbs wanted to know what pro-active role the NCT played in ensuring these matters are finalised.The committee welcomed the introduction of motion courts and change in procedures for debt re-arrangement applications‚ which has improved accessibility‚ and reduced the cost and time taken to issue orders of the Tribunal. ..

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