P Govan – SADA’s Legal Counsel

We received several calls from both members and debt collector since the last article on this issue appearing in the March 2000 issue of the Journal on page 121. There have been several developments, which has taken place since then.

The Department of Justice has not yet promulgated certain key sections of the Debt Collectors Act, 1998. At present, the members to be appointed to the Council for Debt Collectors are been finalised. They will on their appointment meet to determine the code of conduct for debt collectors to be adopted. The Council members will also be responsible for determining application and registration procedures which debt collectors would have to comply with before a registration certificate is issued to them.

There are many other issues contained in the Act, which must be put into operation or promulgated by publication in the Government Gazette.

Therefore until the various provisions of the Act are put into operation, the present status quo will apply, namely, dentists may not recover the costs of debt collectors from patients. This will not apply if dentist engage the services of an attorney.

Members will be kept informed of developments.