What are human rights and what do they do for us?
Human rights are the basic rights and freedoms that belong to every person in the world, from birth until death. So essentially, human rights attempt to guarantee decent treatment and protection against discrimination of any kind.
The human rights of all South African citizens are protected by the Bill of Rights. According to the Constitutional Court of South Africa, this Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values. Human dignity, equality and freedom are addressed within this legislature.
In South Africa, it is difficult for many people to fulfil their financial responsibilities. Living expenses, paying school fees, buying petrol or even taking the family away for Easter holidays can be a financial challenge. Thus, access to credit is often the only solution to assist them in fulfilling all the necessary and desired obligations during their time of need. This can sometimes lead us down a path of financial difficulties when it is time for repayments.
What are some of my rights during financial difficulty?
In South Africa, we have considerable rights as consumers which are written into the law books and apply no matter your financial situation.
One of the acts that seeks to protect consumers rights is The Consumer Protection Act of 2008. The Act sets out the minimum requirements to ensure adequate consumer protection in South Africa. This Act constitutes an overall framework for consumer protection, and all other laws which provides for consumer protection.
While this is the primary law aimed at protecting the consumers, it is not the only part of our legislation aimed at doing so. Another is the National Credit Act. This act aims to protect consumers financially and regulates the financial industry and stakeholders in a fair manner
The National Credit Act also provides solutions for consumers who are in financial difficulty. The main solution for over-indebted consumers is called debt counselling. The act provides the legal framework that enables this to be done in a safe and transparent manner.
The National Credit Act provides consumers with the right to lift the burden of debt. The National Credit Act and Consumer Protection Act, as well as its regulations, provide provisions which are all aimed at ensuring the protection of consumers.
An effective debt management solution will empower consumers with their human rights to afford their living expenses while maintaining a healthy relationship with their credit providers.
Who regulates debt counsellors?
The National Credit Regulator (NCR) regulates and provides frameworks and systems for debt counsellors. They also regulate credit providers, the credit bureaus and payment distribution agencies.
The National Consumer Tribunal (NCT) was established in terms of the National Credit Act, No. 34 of 2005. As an independent adjudicative entity, the Tribunal’s mandate is to hear and decide on cases involving consumers, service providers, credit providers, debt counsellors and credit bureaux. The NCT is also responsible for reviewing decisions made by the National Credit Regulator and the National Consumer Commission.
It is clear to see that while we may have rights we also have responsibilities to ensure that all parties are protected without causing obstacles for the other parties.
What can you do if you feel you have been treated unfairly?
If you have a dispute with a credit provider, credit bureau or a debt counsellor, you are able to report this to the NCR. The regulator can assist with filing an investigation into the query. Make sure you have all documentation and proof to make the query easier to resolve.