Abstract:
The implementation of debt review mechanisms provided for in Sections 86 and 87
of the NCA led to conflicting views, as expressed by debt counsellors, the Regulator,
the major banks and magistrates. Uncertainty and confusion with regard to the
proper interpretation of these two sections of the NCA followed. Contradictory
decisions given by magistrates also hindered the effective application of the NCA as
regards debt restructuring. It was even possible that there were serious
shortcomings in the NCA itself, which should be addressed by appropriate
amendments of the Act.
