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National Credit Act, 2005 (Act No. 34 of 2005)


Debt Counselling Regulations, 2012

2. Application by a debt counsellor for orders contemplated in section 86(7)(c) of the Act


(1) An application by a debt counsellor for an order contemplated in section 86(7)(c) of the Act must be lodged in a manner and form prescribed by Rule 55 of the Magistrates' Courts Rules, unless the court direct otherwise.


(2) The application referred to in regulation 2(1) above must be substantiated by an affidavit deposed to by the debt counsellor in which the following is set out:
(a) An exposition of the debt counsellor's assessment conducted in terms of section 86(6) of the Act, read with sections 78(3), 79, 80 of the Act and regulation 24 of the Regulations;
(b) the relief claimed in terms of section 86(7)(c);
(c) full particulars of each credit provider;
(d) full particulars of the consumer and the debt counsellor; and
(e) confirmatory affidavit from the affected consumer.


(3) The debt counsellor must collect a copy of the court order from the clerk of the court and deliver it within five (5) working days from the date of issue to the affected consumer and each credit provider.


(4) Each credit provider must comply and implement the terms of the court order within Ten (10) working days of receipt thereof.