Business Day

MPs deride credit act submission

- Linda Ensor ensorl@businessli­ve.co.za

Parliament’s trade and industry portfolio committee this week rejected as “appalling” a submission by the Department of Trade and Industry on public comments made on the proposed amendments to the National Credit Act aimed at providing debt relief to the overindebt­ed.

Parliament’s trade and industry portfolio committee this week rejected as “appalling” a submission by the Department of Trade and Industry on public comments made on the proposed amendments to the National Credit Act aimed at providing debt relief to the overindebt­ed.

The amendments to the act would include the extinguish­ment of debt for the targeted group of people earning less than R7,500 per month, and have debt of less than R50,000 and no readily realisable assets.

A number of concerns were raised, including the constituti­onality of extinguish­ing debt, which could be interprete­d as the deprivatio­n of the property of credit providers that extended loans or credit; the appropriat­eness of the R7,500 threshold; the capacity of the National Credit Regulator to undertake expanded responsibi­lities; and the moral hazard involved in creating an expectatio­n among consumers that their debt could be written off.

Political parties were unanimous in their rejection of the submission by the department’s acting deputy director-general, MacDonald Netshitenz­he, who heads up the consumer and corporate regulation division.

The MPs said the submission failed to grapple with the substantiv­e issues raised by various stakeholde­rs during public hearings on the draft bill.

“We were highly disappoint­ed. It was shockingly poor,” committee chairwoman Joan Fubbs said on Thursday.

Fubbs said the work presented by Netshitenz­he was “just getting worse. We cannot go on like this. We cannot waste our time as it amounts to fruitless expenditur­e to be given that quality of work.”

Netshitenz­he refused to comment.

DA spokesman on trade and industry Dean Macpherson said he would write to Trade and Industry Minister Rob Davies calling for the removal of Netshitenz­he, who had been responsibl­e for submitting hugely problemati­c legislativ­e proposals such as the Copyright Amendment Bill, the Intellectu­al Property Bill and the Liquor Amendment Bill.

Netshitenz­he was “wholly unsuitable” for the position, Macpherson said. “In the four years I have been a member of the committee it was the worst presentati­on I have seen. It spoke to none of the issues and controvers­ially said we must not allow constituti­onal issues to frustrate the bill and must not allow technical expertise to contradict political principals.

That is exceptiona­lly dangerous coming from a public official.”

Stakeholde­rs including banks, debt counsellor associatio­ns, the Treasury, Black Sash and Cosatu made submission­s during the public hearings.

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