Aspect of the debt review process under the National Credit act 34 of 2005

Abstract

The stated purpose of this study was to investigate and evaluate certain aspects of the debt review process under the National Credit Act with specific focus on the initiation of the debt review process and the interplay between debt review and debt enforcement. The interplay was done in accordance with the provisions of the Act and case law. An overview of the debt review and debt enforcement processes was also provided, with the aim to enable an explanation of the interplay. Finally, an overview of the field of application of the National Credit Act was provided in paragraph 2 with the aim to determine the ambit of the protection afforded by the Act. The dissertation concludes that, the debt review process, introduced by the National Credit Act, provides an excellent alternative debt relief measure to credit consumers in South Africa. It is therefore to be welcomed that this process has survived its initial growing pains.