SECURITY & JUSTICE NCOP COMMITTEE: PROPOSED AMENDMENTS 02/11/98
VERSION 1

DRAFT AMENDMENTS TO THE DEBT COLLECTORS BILL (B102-97)
CLAUSE 1
1. On page 2, after line 5, to insert:
"debt" means any amount owing by a debtor to a creditor which
(a) is overdue; and
(b) the debtor is apparently unwilling or unable to pay.

2. On page 2, in line 7, after "employee" to insert:
or a party to a factoring arrangement

3. On page 2, in line 9, after "who", to insert:
other than a party to a factoring arrangement,

4. On page 2, after line 16, to insert:
"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 its debtors. Provided that such claims do not at the time they are so sold or offered constitute debt as defined in this section.

CLAUSE 12
1. On page 8, in line 34, after "Gazette" to insert "annually"

CLAUSE 20
1. On page 14, in line 3, to omit "separate".

NEW CLAUSE
1. That the following be a new clause to follow Clause 25:

Exemption from provisions of Act
26. 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.

VERSION 2

DRAFT AMENDMENTS TO THE DEBT COLLECTORS BILL [B 102B-97]
CLAUSE 1
1. On page 2, in line 7, after "employee" to insert:
or a party to a factoring arrangement

2. On page 2, in line 9, after "who," to insert:
other than a party to a factoring arrangement,

3. On page 2, after line 16, to insert:
"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 its 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 claim or a claim for which a demand has been made, is part of such a factoring arrangement.

CLAUSE 12
1. On page 8, in line 32, after "withdrawn" to insert " or disapproved".

2. On page 8, in line 34, after "Gazette" to insert ''annually".

NEW CLAUSE
1. That the following be a new clause to follow Clause 25:

Exemption from provisions of Act
26. 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.