Regulatory Compliance

Edcon found guilty of unlawful charges

The National Consumer Tribunal has released a finding which - essentially - finds that Edcon has been unlawfully charging its customers a fee to belong to its club. This finding is very significant for Edcon who faces the possibility of having to refund customers to the tune of several billion Rand (yes that is 'billion') and the National Credit Regulator is currently looking for Edcon to undergo an indpendent audit to find out exactly how much money Edcon will have to repay to its customers. 

The Protection of Personal Information Act


The Protection of Personal Information Act (POPI} has made it necessary for all companies to reconsider how they treat the personal information of customers, staff and suppliers. This can be a daunting task, because POPI creates new rules for every aspect of the 'information lifecycle' -from collecting it to destroying it. 

(An update on) The National Credit Act

The National Credit Act (NCA) has gone through some major changes recently, primarily related to the test used by credit providers to assess consumer’s ability to afford credit, but also in terms of interest rate ceilings, mandatory training requirements, amended debt collection proceedings, disputes regarding to prescription of debts and so on.

Consent - why it isn't always necessary

A recent article in the attorneys magazine De Rebus argued that consent to process personal information was always required. In this letter to De Rebus Paul Esselaar argues that consent is not always a required and - in some cases - it may be a bad idea to ask for it. Click here for the letter in the April 2015 De Rebus magazine.

Draft NCA Regulations on Affordability Assessments published

The Department of Trade and Industry has published draft regulations on, "Affordability Assessment for the Amendment of
Regulations for matters relating to the functions of the National Consumer Tribunal and Rules for the Conduct of
matters before the National Consumer Tribunal".


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