NCT cancels debt counsellor's registration

The NCT considered Kotze's failure to keep proper records, and to comply with the procedures set out in National Credit Act (NCA), as extremely serious.

The NCT found that he had placed his clients at risk by repeatedly failing to comply with the administrative duties of debt counsellors as prescribed by the Act and its regulations, and also failed to comply with certain conditions of his registration. All of Kotze's client files were ordered to be handed over to the NCR and distributed to other debt counsellors in order to assist the affected consumers.

To protect consumers

National Credit Regulator's CEO Gabriel Davel said the regulator would continue to use the National Credit Act to protect consumers from debt counsellors who did not fulfil their duties.

"Kotze's behaviour placed his clients at serious risk because credit providers could institute legal proceedings against them for not repaying their debts," said Davel. "The negligence of a debt counsellor could result in clients losing their property including their homes and cars."

The NCR established that Kotze:

• Failed to comply with the prescribed time frames for processing debt review cases and referring matters to a Magistrate's Court;
  
• Did not maintain adequate accounting records;
  
• Did not make use of one of the NCR's approved Payment Distribution Agents for the distribution of consumer funds to their respective creditors; and
  
• Collected monies from consumers in contravention with his conditions of registration.

Manager of Investigations and Enforcement at the National Credit Regulator, Advocate Jan Augustyn, said the tribunal ordered that Kotze conduct a full audit on all files and accounts used for debt counselling.

"The effect of non-compliance with the NCT Order is a criminal offence and punishable with a fine and/or imprisonment for a period up to 10 years," he added.