| (1) |
A consumer whose debts have been re-arranged in terms of Part D of this Chapter, must be issued with a clearance certificate by a debt counsellor within seven days after the consumer has— |
| (a) |
satisfied all the obligations under every credit agreement that was subject to that debt re-arrangement order or agreement, in accordance with that order or agreement; or |
| (i) |
financial ability to satisfy the future obligations in terms of the re-arrangement order or agreement under— |
| (aa) |
a mortgage agreement which secures a credit agreement for the purchase or improvement of immovable property; or |
| (bb) |
any other long term agreement as may be prescribed; |
| (ii) |
that there are no arrears on the re-arranged agreements contemplated in subparagraph (i); and |
| (iii) |
that all obligations under every credit agreement included in the re-arrangement order or agreement, other than those contemplated in subparagraph (i), have been settled in full. |
[Subsection (1) substituted by section 21 of Act No. 19 of 2014]
| (1A) |
A debt intervention applicant whose debts have been rearranged in terms of Part D of this Chapter, must be issued with a clearance certificate by the National Credit Regulator within seven business days after the debt intervention applicant has— |
| (a) |
satisfied all the obligations under every credit agreement that was subject to that debt re-arrangement order or agreement, in accordance with that order or agreement; or |
| (b) |
demonstrated as prescribed— |
| (i) |
financial ability to satisfy the future obligations in terms of the re-arrangement order; or |
| (ii) |
that there are no arrears on the re-arranged agreements contemplated in subparagraph (i); and |
| (iii) |
that all obligations under every credit agreement included in the re-arrangement order or agreement, other than those contemplated in subparagraph (i), have been settled in full, |
and the National Credit Regulator must submit a copy of the clearance certificate to all registered credit bureaux.
[Section 71(1A) inserted by section 8(a) of Notice No. 1081, GG 42649, dated 19 August 2019]
| (2) |
A debt counsellor must for the purposes of the demonstration envisaged in subsection (1)(b), apply such measures as may be prescribed. |
[Subsection (2) substituted by section 21 of Act No. 19 of 2014]
| (3) |
If a debt counsellor decides not to issue or fails to issue a clearance certificate as contemplated in subsection (1), the consumer may apply to the Tribunal to review that decision, and if the Tribunal is satisfied that the consumer is entitled to the certificate in terms of subsection (1), the Tribunal may order the debt counsellor to issue a clearance certificate to the consumer. |
[Subsection (3) substituted by section 21 of Act No. 19 of 2014]
| (3A) |
If the National Credit Regulator decides not to issue or fails to issue a clearance certificate as contemplated in subsection (1A), or fails to submit a copy to all registered credit bureaux, the debt intervention applicant may apply to the Tribunal to review that decision or failure to issue, and if the Tribunal is satisfied that the debt intervention applicant is entitled to the certificate in terms of subsection (1A), the Tribunal may order the National Credit Regulator to— |
| (a) |
issue a clearance certificate to the debt intervention applicant; or |
| (b) |
submit a copy to all registered credit bureaux. |
[Section 71(3A) inserted by section 8(b) of Notice No. 1081, GG 42649, dated 19 August 2019]
| (a) |
A debt counsellor must within seven days after the issuance of the clearance certificate, file a certified copy of that certificate with the national register established in terms of section 69 of this Act and all registered credit bureaux. |
| (b) |
If the debt counsellor fails to file a certified copy of a clearance certificate as contemplated in subsection (1), a consumer may file a certified copy of such certificate with the National Credit Regulator and lodge a complaint against such debt counsellor with the National Credit Regulator. |
[Subsection (4) substituted by section 21 of Act No. 19 of 2014]
| (5) |
Upon receiving a copy of a clearance certificate, a credit bureau, or the national credit register, must expunge from its records— |
| (a) |
the fact that the consumer was subject to the relevant debt re-arrangement order or agreement; |
| (b) |
any information relating to any default by the consumer that may have— |
| (i) |
precipitated the debt re-arrangement; or |
| (ii) |
been considered in making the debt re-arrangement order or agreement; and |
| (c) |
any record that a particular credit agreement was subject to the relevant debt re-arrangement order or agreement. |
| (6) |
Upon receiving a copy of a court order rescinding any judgment, a credit bureau must expunge from its records all information relating to that judgment. |
| (7) |
Failure by a credit bureau to comply with a notice issued in terms of section 55, in relation to this section, is an offence. |
Special Investigating Units and Special Tribunals Act, 1996
