Banker S.A. December 2012 | Page 25

focus Marikana: however much or little over-indebtedness contributed, last year’s tragedy focused attention on lenders. One of the lessons to come out of the Marikana incident is the widespread abuse of garnishee orders by certain credit providers. Sokutu says that credit providers need to put customers at the centre of their lending practices to ensure that customers can afford to repay their loans within the contractual term. ‘We are sensitised to the economic conditions of our customers, and where our customers face hardship, such as some of our mining customers, we assist to restructure loans to help them through their financial hardships,’ he adds. The engagements between The Banking Association of South Africa (The Banking Association) and National Treasury are a good sign that the industry is interested in eliminating unsavory elements in unsecured lending. The Banking Association Managing Director Cas Coovadia has previously stated that banks are working on a draft Code of Good Practice on Unsecured Lending. Coovadia says this would put a stop to certain providers offering unsecured loans for the sake of getting more profit from the interest, rather than a cheaper loan relevant for what needs to be financed. Agreements between The Banking Association and National Treasury have also called for the review of loan affordability assessments, relief measures for distressed borrowers, limiting garnishee orders and reviewing the use of debit orders. The Banking Association, the NCR and National Treasury have agreed to devise a standard to measure affordability. This standard of affordability could possibly be incorporated into regulations aimed at dealing with over-indebtedness. With regard to providing relief to distressed borrowers, The Banking Association’s member banks are expected to develop a framework that could see qualifying distressed borrowers having their installments reduced without incurring extra costs. One of the lessons to come out of the Marikana incident is the widespread abuse of garnishee orders by certain credit providers. Some employers of indebted workers were allegedly asked by some lenders to pay part of the employees’ debt over to the lender with interest. To deal with this abuse, The Banking Association members have agreed not to use garnishee orders against credit defaulters. To enforce this commitment, National Treasury is expected to engage and suggest to the Department of Justice that garnishee orders be limited to maintenance orders. There are also moves by member banks to start up a consumer education fund that would educate the public about borrowing and other financial matters. The issue of consumer education could go a long way in protecting borrowers from rogue credit providers such as those who retained bank cards in Marikana and other areas in the country. Writes Phakamisa Ndzamela ■ Edition 4 BANKER SA 23