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South Africa
Debt Collectors Act, 1998
Act 114 of 1998
- Published in Government Gazette 19525 on 27 November 1998
- Assented to on 19 November 1998
- There are multiple commencements
- [This is the version of this document from 3 April 2024.]
Provisions | Status |
---|---|
Section 1–7 | commenced on 21 January 2000 by Proclamation R2 of 2000. |
Section 14, section 23 | commenced on 29 November 2002 by Proclamation R84 of 2002. |
Section 8–13, section 15–22, section 24–28 | commenced on 7 February 2003 by Proclamation R6 of 2003. |
Section 12(1)(a), 12(1)(b), 12(3), 12(4), 12(5), section 16A, section 20(3A), 20(6), 20(7), 20(8) | commenced on 2 November 2007. |
Section 3(4)(a), 3(4)(b), 3(4)(c), 3(4)(d), 3(4)(e) | commenced on 17 February 2009. |
Section 23(2)(d) | commenced on 1 December 2009. |
Section 3A | commenced on 2 August 2017. |
- [Amended by Judicial Matters Amendment Act, 2005 (Act 22 of 2005) on 2 November 2007]
- [Amended by Judicial Matters Amendment Act, 2008 (Act 66 of 2008) on 17 February 2009]
- [Amended by Judicial Matters Amendment Act, 2008 (Act 66 of 2008) on 1 December 2009]
- [Amended by Judicial Matters Amendment Act, 2017 (Act 8 of 2017) on 2 August 2017]
- [Amended by Judicial Matters Amendment Act, 2023 (Act 15 of 2023) on 3 April 2024]
1. Definitions
In this Act, unless the context otherwise indicates—“Council” means the Council for Debt Collectors established by section 2;“debt collector” means—(a)a person, other than an attorney or his or her employee or a party to a factoring arrangement, who for reward collects debts owed to another on the latter's behalf;(b)a person who, other than a party to a factoring arrangement, in the course of his or her regular business, for reward takes over debts referred to in paragraph (a) in order to collect them for his or her own benefit;(c)a person who, as an agent or employee of a person referred to in paragraph (a) or (b) or as an agent of an attorney, collects the debts on behalf of such person or attorney, excluding an employee whose duties are purely administrative, clerical or otherwise subservient to the actual occupation of debt collector;[paragraph (c) substituted by section 10 of Act 22 of 2005]“Director-General” means the Director-General of the Department of Justice;“factoring arrangement” means an arrangement between a creditor and a financier in terms of which the creditor, in exchange for funding, either sells or offers as security, claims against his or her debtors: Provided that such claims are not bad or doubtful at the time they are so sold or offered as security: Provided further that no overdue debt or a claim for which a demand has been made, is part of such a factoring arrangement;“Minister” means the Minister of Justice;“person” includes a juristic person;“prescribe” means to prescribe by regulation;“this Act” includes any regulation or notice made or issued under this Act.2. Establishment and objects of Council for Debt Collectors
3. Composition of Council
3A. Powers and functions of Council
In addition to any other powers or functions conferred upon or assigned to the Council by this Act, the Council may—4. Meetings of Council
5. Executive committee
6. Remuneration and allowances of members of Council
Out of the funds of the Council—7. Appointment of personnel
The Council may appoint such personnel as it may deem necessary for the efficient performance of its functions and management of its administration and may determine the remuneration and conditions of service of such personnel.8. Persons prohibited from performance of certain acts
9. Application for registration as debt collector
10. Disqualifications
11. Certificate of registration
The Council shall issue to every person registered as a debt collector, a certificate of registration on the prescribed form.12. Registers
13. Payment of subscription fees
14. Code of conduct
15. Improper conduct by debt collectors
16. Withdrawal of registration by Council
16A. Cancellation of registration as debt collector
The Council shall—17. Withdrawal of registration by court
18. Return of certificates of registration on withdrawal of registration
Whenever the registration of a debt collector is withdrawn under section 13(2), 16 or 17, the debt collector shall forthwith return to the Council the certificate of registration issued to him or her under section 11.19. Recovery of money
20. Trust accounts
21. Auditing
22. Financial year
The financial year of the Council shall be a year terminating on the last day of February.23. Regulations
24. Delegation of Minister's powers
25. Offences and penalties
Any person who—26. Exemption from provisions of Act
The Minister may, on the conditions that he or she deems fit, after consultation with the Minister of Trade and Industry and the Council, exempt any person or category of persons from the provisions of this Act.27. Amendment of section 60 of Act 32 of 1944, as substituted by section 1 of Act 63 of 1976 and amended by section 2 of Act 4 of 1991
Section 60 of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), is hereby amended by the substitution for subsection (1) of the following subsection:28. Short title and commencement
This Act shall be called the Debt Collectors Act, 1998, and shall come into operation on a date fixed by the President by proclamation in the Gazette.History of this document
03 April 2024 this version
Amended by
Judicial Matters Amendment Act, 2023
02 August 2017
01 December 2009
17 February 2009
02 November 2007
07 February 2003
Commenced by
Debt Collectors Act, 1998: Commencement3
29 November 2002
Commenced by
Debt Collectors Act, 1998: Commencement2
21 January 2000
Commenced by
Debt Collectors Act, 1998: Commencement1
27 November 1998
19 November 1998
Assented to
Cited documents 4
Legislation 4
Documents citing this one 69
Gazette 67
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