10 August 2005

Dear Minister Mphalwa

 

RE: THE NATIONAL CREDIT BILL: DELIBERATIONS BEFORE THE PORTFOLIO COMMITTEE ON TRADE AND INDUSTRY

 

My letter of 10 and 23 September 2004 to you refer.

On Monday 8 August 2005 I attended a session of the Portfolio Committee and made written representations in regard to the said Bill.

After I had completed my submissions, the Chairman of the Committee, Mr B. Martins, invited the representative of your Department to comment on my submissions. The representative indicated that she had no comments and that the Bill had been certified by the State Law Advisors.

Thereafter Mr Martins, the Chairman, addressed the representative and said that the Portfolio Committee required that your Department answer point for point on my submissions.

For the sake of convenience I have appended my submissions with annexures to this letter for your and your Department’s urgent attention.

As you know there have been numerous complaints raised (also in the Media) in the past against the non-policing in your Department of inter alia the Usury Act, 1968 (Act 73 of 1968). The effect of this was that many consumers have been left in the lurch by the Department. At present I understand that the consumer complaints are not addressed to the Registrar and/or the inspectors of the National Inspectorate but to a help desk.

It seems to me that the available potential in the National Inspectorate is not used to the full.

As you know that as a Minister you have a dear responsibility "to obey, respect and uphold the Constitution and all other Law of the Republic" [See Section 95 of the Constitution of the Republic of South Africa, 1996 – Act 108 of 1996 hereafter referred to as "the Constitution" read with item 3 of Schedule 2 and section 195 of the Constitution"].

Kindly instruct your Department to furnish me with a copy of their comments on my submissions without any delay.

Your acknowledgement of receipt of this letter as well as you cooperation in this matter is highly and greatly appreciated.

A copy of this letter will be sent to the Chairman of the Portfolio Committee.

 

Yours faithfully

 

 

___________________

F.V.A. VON REICHE

ADDITIONAL MAGISTRATE, CIVIL SECTION

MAGISTRATE: PRETORIA