With an eminent result of over 42% of the country’s 23 million credit-active consumers classified as impaired, the threat is more than a financial statistic.
Image: File photo.
By Sebastien Alexanderson
It was Human Rights Day last week and as South Africans reflect on their rights and freedoms, a critical issue facing millions is the scourge of debt abuse and predatory lending.
With an eminent result of over 42% of the country’s 23 million credit-active consumers classified as impaired, the threat is more than a financial statistic.
The consistent violation of the Right to Protection from Unfair Lending and Debt Abuse under the National Credit Act (NCA) of 2005 is a serious concern.
Despite the NCA mandating thorough affordability assessments by lenders to prevent reckless lending, many South Africans still end up in debt spirals. The allure of easy credit masks the harsh terms that often come attached, exploiting consumer vulnerabilities and leading to situations where loans are nearly impossible to repay.
In our experience, too many consumers are unaware of the risks until they are in over their heads. Reckless lending isn't just a failure of regulation; it's often a failure of knowledge..
Globally, the issue of consumer over-indebtedness resonates in corridors from North America to New Zealand, with studies highlighting a common theme: a lack of consumer understanding coupled with aggressive credit expansion by lenders. In South Africa, historical inequalities and economic pressures compound these challenges.
Currently, over 28 million people rely on social grants in the country, a group that remains vulnerable to financial exploitation. Predatory lenders target these individuals due to their steady and guaranteed income. The 2012 partnership between the South Africa Social Security Agency (Sassa) and Cash Paymaster Services created nearly 10.5 million Sassa-branded bank accounts, facilitating high-interest loans against social grants at rates of 30% to 100% per month.
Legislation and the 2018 transition to the South African Post Office enhanced protections for grant recipients by prohibiting debt security against social grants and preventing unauthorised deductions. However, enforcement challenges continue and exploitation persists.
The NCA provides a safety net, offering recourse for consumers who find themselves victims of predatory lending practices. Loans deemed reckless can be contested and potentially written off if it is proven that the creditor did not observe due diligence. Moreover, recent regulations protect more vulnerable groups, such as recipients of social grants, from having their benefits unduly targeted or reduced by credit arrangements.
While the NCA provides crucial safeguards against reckless lending, there's a hidden challenge that intensifies the debt crisis: dishonesty in credit applications. We've seen a troubling trend where some clients, driven by desperation, inflate their income or underreport existing debts on credit applications. Such misrepresentations lead to loan approvals that consumers cannot afford, ultimately trapping them in a debt spiral.
The consequence is a dual-faceted problem where consumers are trapped under the weight of debts they can never hope to repay, and lenders face increasing default rates.
Financial freedom is a fundamental human right and the path to achieving it is primarily through personal accountability and education. Consumers have a role in safeguarding their financial well-being by being honest in their financial dealings and proactive in their financial education.
Alexanderson is head of debt counselling firm National Debt Advisors.
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