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EMPLOYERS – Recruitment News: UPDATE National Credit Act

At ASIE Personnel we make us of the services of MIE Background Screening for all our candidate’s pre-employment checks which include Qualification, Credit and Criminal Checks.  We have recently been advised by the National Credit Regulator (NCR), that as part of our compliance obligation we are to inform you of your obligations under the regulation 19(12), introduced as part of the amendments to the National Credit Act No.34 of 2005 (NCA).

The requirements of regulation 19(12) may briefly be summarized as follows:
“A consumer credit record (which means records of debt repayment history), may not be accessed by a person within the employment context unless the requestor certifies that any and all requests for consumer credit records relate to a position requiring honesty in the handling of cash or finances”

In this regard we are required to inform you as follows:

  1. A person or company requesting a consumer credit record for screening an employee/prospective employee must provide certification, that the position or job requires honesty in the handling of cash or finances.
  2. Prior to providing the certification, the requestor must ensure that they have a job description in place which indicates that the position requires honesty in the handling of cash or finances, and to which the certification relates.
  3. The NCA does not define the words ‘’cash or finances’’, and accordingly you must apply your mind internally to which jobs fall within the ambit of regulation 19(12), and why that is so in your work environment.
  4. Regulation 19(12) can be enforced by the NCR directly, who is the party responsible for the enforcement of regulation 19(12) in the NCA, who may at any time investigate a certification and corresponding job description.
  5. During MIE’s quarterly audits, MIE is now to include an audit of certifications provided. This will be audited through the client being requested to provide the relevant job descriptions in relation to the certification being audited.
  6. MIE may in its discretion request additional documentation or a policy in support of the job descriptions provided, during the quarterly audits.

In short, you the client, when requesting consumer credit records for employment purposes need to take reasonable steps to ensure that the certifications you provide relate to jobs that require honesty in the handling of cash or finances.

This information summarizes the most important changes introduced by Regulation 19(12) of the NCA, which places an obligation on you when requesting consumer credit records for employment purposes.  

ASIE Personnel
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