The Select Committee on Security and Constitutional Affairs, having considered the subject of the Judicial Matters Amendment Bill [B 2B-2005] (National Assembly – sec 75), referred to it, reports that it has agreed to the Bill.

The Committee wishes to report further, as follows:

Regarding clauses 10, 11, 12, 13 and 14 of the Bill as referred to the Select Committee, dealing with various amendments to the Debt Collectors Act, 1998, the Committee has taken cognisance of a letter of Black Sash addressed to it and the report of the Portfolio Committee on Justice and Constitutional Development, requesting the Department of Justice and Constitutional Development to investigate the viability of all debt collectors, attorneys included, falling under the ambit of a single statute, that is the Debt Collectors Act, 1998. The Select Committee wishes to endorse the sentiments expressed in the letter of Black Sash and the Portfolio Committee in this regard and requests the Department to finalise its investigation as soon as possible and to report to Parliament on the outcome of this investigation.

Clause 12 of the Bill amends section 12 of the Debt Collectors Act, 1998, among others, by requiring the Debt Collectors Council to publish the register containing the names and particulars of all registered debt collectors on the website of the Council and to make the register available for inspection by members of the public at the places and times which are determined in the regulations to this Act. The Committee, while agreeing with these amendments, requests the Department, when drafting the regulations required under this provision, to bear in mind that not all members of society, particularly those marginalised members of society who do not have easy access to websites, Government Gazettes and even national newspapers, mediums which are proposed in these amendments. The Committee consequently requests the Department to make sure that the places which the register is available for public inspection, include places which are accessible to as many people as possible. The Committee also requests the Department and the Debt Collectors Council to explore ways of making the activities and aims of the Debt Collectors Council known as widely as possible so that members of society who are confronted with what they consider to be abusive practices by debt collectors, know what their rights are and what mechanisms are in place to which they can take their grievances for investigation or where they can find out whether the debt collector in question is in fact a registered debt collector, falling under the jurisdiction of the Council. The Department, in conjunction with the Council, must report back to this Committee as soon as possible with a plan of action on how this is to be achieved.

Report to be considered.