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National Credit Amendment Act, No. 7 of 2019**
[NOTE: Act 2019_007_000_20190819 was published in GG20190819-42649_0650_1081, but was withdrawn and substituted by way of a Note at the top of a second publication, as Act 2019_007_000_20190819_42653_0650_1086]

Long title


To amend the National Credit Act, 2005, so as to provide for debt intervention; to insert new definitions; to include the evaluation and referral of debt intervention applications as a function of the National Credit Regulator and to provide for the creation of capacity within the National Credit Regulator and logistical arrangements to execute this function; to include the consideration of a referral as a function of the Tribunal; to provide for the recordal of information related to debt intervention; to require a debt counsellor to investigate whether an agreement is reckless; to provide for a court to enquire into and either refer a matter for debt intervention or make an order related to debt intervention; to provide for a Magistrate’s Court and the Tribunal to determine the maximum interest, fees or other charges when re-arranging debt and for guidance to be prescribed in this regard; to provide for an application for debt intervention and the evaluation thereof; to provide for the Tribunal to re-arrange a consumer’s obligations and make an order in respect of an unlawful credit agreement; to provide for orders related to debt intervention and rehabilitation in respect of such an order; to provide for mandatory credit life insurance to be prescribed; to provide for offences related to debt intervention, prohibited credit practices, selling or collecting prescribed debt and related to failure to register as required by the Act; to provide for measures when an offence is committed by a person other than a natural person; to provide for penalties in relation to the newly created offences; to provide for the Tribunal to change or rescind an order under certain circumstances; to require the Minister to make regulations related to a financial literacy programme; to provide in a transitional provision for the application of this Amendment Act to credit agreements entered into before its commencement; and to provide for matters connected therewith.

 
Table of contents

SECTION TITLE

PREAMBLE
1. Amendment of section 1 of Act 34 of 2005... [sic - referents]
2. Amendment of section 3 of Act 34 of 2005
3. Insertion of section 15A in Act 34 of 2005
4. Amendment of section 27 of Act 34 of 2005...
5. Amendment of section 60 of Act 34 of 2005
6. Insertion of section 69A in Act 34 of 2005
7. Amendment of section 70 of Act 34 of 2005
8. Amendment of the section 71 of Act 34 of 2005...
9. Amendment of section 71A of Act 34 of 2005...
10. Insertion of section 82A in Act 34 of 2005
11. Substitution of section 85 of Act 34 of 2005
12. Amendment of section 86 of Act 34 of 2005...
13. ]Insertion of section 86A in Act 34 of 2005
14. Amendment of section 87 of Act 34 of 2005
15. Insertion of section 87A in Act 34 of 2005
16. Insertion of section 88A and 88B in Act 34 of 2005
17. Amendment of section 89 of Act 34 of 2005...
18. Amendment of section 90 of Act 34 of 2005
19. Amendment of section 106 of Act 34 of 2005...
20. Amendment of section 129 of Act 34 of 2005...
21. Amendment of section 130 of Act 34 of 2005...
22. Amendment of section 137 of Act 34 of 2005...
23. Amendment of section 142 of Act 34 of 2005...
24. Amendment of section 152 of Act 34 of 2005...
25. Insertion of sections 157A, 157B, 157C and 157D in Act 34 of 2005
26. Substitution of section 161 of Act 34 of 2005
27. Amendment of section 164 of Act 34 of 2005
28. Amendment of section 165 of Act 34 of 2005
29. Amendment of section 171 of Act 34 of 2005
30. Substitution of the long title of Act 34 of 2005
31. Transitional provision
32. Short title and commencement
.
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