Debt Collectors in South Africa: What They Can and Cannot Do
Debt collectors in South Africa are regulated by the Debt Collectors Act 114 of 1998 and must be registered with the Council for Debt Collectors. If a debt collector harasses you, threatens you, or uses unlawful tactics, you have the right to report them and have their conduct investigated. Understanding what is and is not permitted gives you the power to protect yourself.
Verify that the debt collector contacting you is registered. Contact the Council for Debt Collectors on 012 804 9808 or visit debtcol.org.za to check the register.
Who Must Register as a Debt Collector?
Any person or company that, for reward, collects debts owed to another person must be registered with the Council for Debt Collectors. This includes collection agencies and tracing agents when acting in connection with collection.
What Debt Collectors Are Prohibited From Doing
Section 10 of the Debt Collectors Act lists prohibited conduct. Violations are a disciplinary offence and can result in the collector's registration being cancelled.
- Using or threatening to use physical force or violence
- Using abusive, threatening, or profane language
- Publishing or threatening to publish your name as a debtor in any medium
- Communicating with your employer about your debt without your consent (except to obtain contact details)
- Visiting you at unreasonable hours – generally restricted to 08:00–21:00 on weekdays
- Demanding payment of a larger amount than is legally owed
- Pretending to be a law enforcement officer, sheriff, or court official
- Contacting you after you have instructed them in writing to communicate only through your attorney
What Debt Collectors ARE Allowed to Do
- Contact you by phone, letter, or in person during reasonable hours
- Send a letter of demand and inform you of the amount owed
- Add legitimate collection fees as prescribed by regulation
- Trace your contact details
- Hand your account to an attorney for legal proceedings
If a debt is prescribed (more than 3 years old with no interruption), a collector cannot take legal action to recover it. Inform them in writing that you are raising prescription as a defence.
How to Report a Debt Collector
- Document all incidents – note dates, times, what was said, and the collector's name and registration number.
- Lodge a formal complaint with the Council for Debt Collectors by calling 012 804 9808 or emailing info@debtcol.org.za.
- The Council will investigate and may refer the matter to a disciplinary committee.
- You may also lodge a complaint with the National Consumer Commission at ncc.org.za if the collector is acting as a credit provider.
- If the collector made threats of violence or impersonated a law enforcement officer, open a criminal complaint at your nearest police station.