Debt Collectors Act, 1998 (Act No. 114 of 1998)10. Disqualifications |
| 1) | No person shall be competent to be registered as a debt collector-- |
| a) | in the case of a natural person, if-- |
| i) | subject to subsection (2), in the preceding 10 years he or she has been convicted of an offence of which violence, dishonesty, extortion or intimidation is an element; |
| ii) | he or she has been found guilty in terms of section 15 of improper conduct; |
| iii) | he or she is of unsound mind and has been so declared or certified by a competent authority; |
| iv) | he or she is under the age of 18 years; or |
| v) | he or she is an unrehabilitated insolvent; or |
| b) | in the case of a company or close corporation, if a director of the company or a member of the close corporation is in terms of paragraph (a) not competent to be registered as a debt collector. |
| 2) |
| a) | Any person who is not competent to be registered as a debt collector on account of having been convicted of an offence referred to in subsection (1)(a)(i), may in the prescribed manner apply to the Minister to be exempted from the disqualification contemplated in that subsection on the grounds that the circumstances relating to the commission of that offence were of such a nature that the relevant conviction should not disqualify the applicant from exercising the occupation of debt collector. |
| b) | Upon receipt of an application referred to in paragraph (a), the Minister shall cause– |
| i) | such application to be published in the Gazette; and |
| ii) | such investigation to be conducted into the matter as he or she deems appropriate. |
| c) | If the Minister is satisfied that the circumstances relating to the relevant offence is of such a nature that it is not likely to affect the suitability of the applicant to exercise the occupation of debt collector, the Minister may, after consultation with the Council, direct that the applicant shall not on account of the relevant conviction be disqualified from registering as a debt collector. |