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


Debt Counselling Regulations, 2012

4. Application by a consumer in terms of sections 86(9) and 86(7)(c) of the Act


(1) An application by a consumer in terms of section 86(9) of the Act, to request leave of the court to institute proceedings contemplated in section 86(7)(c) of the Act, must be lodged in the manner and form prescribed by Rule 55 of the Magistrates' Courts Rules, unless the court direct otherwise.


(2) The application must be accompanied by—
(a) the decision of the debt counsellor, made in terms of section 86(7)(a) of the Act;
(b) an affidavit by the consumer annexed to the application in which reasons must be set out why leave should be granted to apply for an order contemplated in section 86(7)(c) of Act;
(c) an application for an order contemplated in section 86(7)(c); and
(d) if required by the court, an affidavit deposed to by any person.


(3) An application referred to in regulation 4(2)(c) above must be substantiated by a founding affidavit deposed to by the consumer setting out the following:
(a) an exposition which indicates that the consumer is over-indebted, read with sections 78(3), 79 and 80 of the Act as well as regulation 24 of the Regulations;
(b) the relief claimed in terms of section 86(7)(c);
(c) the full particulars of each credit provider; and
(d) full particulars of the consumer.


(4) The consumer must deliver within five (5) working days from the date of the issuing of the court order a copy of the court order to each affected credit provider.


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