During previous election periods some voters were not able to cast their votes because their identity documents were in possession of credit providers (money-lenders), who retain the identity documents of consumers to whom they have advanced loans or money.
This practice is illegal in terms of National Credit Act, No. 34 of 2005. Section 13 of this Act states that it is an offence if a credit provider makes use of any identity document, credit or debit card, bank account or automatic teller machine access card, or any similar identifying document or device, when collecting on or enforcing a credit agreement (debt).
This means that a credit provider who advances a loan to a consumer, may not, in order to collect or enforce a debt, take into possession or retain the identity document, debit card or any of the other documents referred to above.
Apart from the above offence, the Immigration Act, No. 13 of 2002, section 49(15), also makes it an offence to be in possession of a passport or identity document of another person, without sufficient cause. The enforcement of a debt by a credit provider would not be “sufficient cause”, because it is declared to be illegal in terms of the National Credit Act. The credit provider or money-lender who retains an identity document to enforce payment of a loan, will therefore, also be committing an offence in terms of the Immigration Act.
Any person whose identity document has been taken by a money-lending institution, should therefore report.
Issued by SAPS FS Provincial Corporate Communication Service, Free State
