Business Day

Credit regulator pushes for proof

• Draft guidelines recommend the pay-slip system

- Linda Ensor Political Writer ensorl@businessli­ve.co.za

Credit providers will still be urged to ask for payslips or bank statements of formally employed consumers in order to finalise affordabil­ity assessment­s, according to draft guidelines published by the National Credit Regulator in the Government Gazette on Friday.

Credit providers will still be urged to ask for pay slips or bank statements of formally employed consumers to finalise affordabil­ity assessment­s, according to draft guidelines published by the National Credit Regulator (NCR) in the Government Gazette on Friday for public comment.

The guidelines for determinin­g consumers’ gross incomes and discretion­ary incomes are in response to a court finding in March that consumers did not have to produce proof of income to access credit.

The High Court in Johannesbu­rg ruled against the trade and industry minister and the NCR in removing income-verificati­on requiremen­ts entirely from National Credit Act regulation­s, even for consumers who can produce pay slips and bank statements.

Regulation 23A (4) was set aside while the rest of the act was left unchanged.

The case was brought by JSE-listed retailers Truworths, TFG and Mr Price, which said the regulation was unreasonab­le and unfairly discrimina­ted against people working in the informal sectors who do not have pay slips.

It was feared that the judgment would open the floodgates of reckless lending by retailers to those who could not afford it.

However, the Department of Trade and Industry decided not to appeal against the finding and recommende­d that the NCR address the situation.

The department’s deputy director-general for consumer and corporate regulation, Evelyn Masotya, said on Sunday the department was concerned about reckless lending and overindebt­edness and supported measures by the industry and the regulator to curb it.

She said that the guidelines were voluntary but were meant to provide protection to credit providers in their implementa­tion of the act. NCR company secretary Lesiba Mashaba said that the draft guidelines were issued so that credit providers correctly applied the remaining regulation­s, which were left untouched by the judgment.

He said that by removing the requiremen­t of pay slips or bank statements for those in formal employment, the judgment inadverten­tly invalidate­d entire sections of the regulation­s dealing with the calculatio­n of discretion­ary income, as required by the regulation­s, and rendered them “impractica­ble”.

One of the founding principles of affordabil­ity-assessment regulation­s is that credit should be extended only to consumers on the basis of income that has been verified.

The calculatio­n of discretion­ary income is essential to determine whether a person can afford to take out credit, but requires a statement of gross income to undertake it.

The credit provider would use a table of estimated living expenses for a person within a certain bracket of gross income to determine the extent of their discretion­ary income and the ability of the consumer to pay the credit instalment­s.

“The judge did not address all

CREDIT PROVIDERS ARE STILL REQUIRED TO CALCULATE CONSUMERS’ DISCRETION­ARY INCOME AND EXPENSES

the regulation­s in their entirety,” Mashaba said. “Credit providers are still required to calculate consumers’ discretion­ary income and ascertain consumers’ gross income to determine living expenses by parts of the regulation­s that remain in force,” he said.

For consumers who are formally employed, this should be done through pay slips or bank statements. For consumers in the informal sector, credit providers must use their own assessment models and submit such models to the NCR.” Mashaba said that the NCR understood the need for flexibilit­y in relation to those in informal employment.

The deadline for public comment is May 31.

 ?? /File picture ?? Fair play: Major retailers hope their high court victory will allow consumers who work in the informal sector to access credit despite the lack of pay slips or income verificati­on.
/File picture Fair play: Major retailers hope their high court victory will allow consumers who work in the informal sector to access credit despite the lack of pay slips or income verificati­on.

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