SABC TV Licence debt collectors breaking the law — lawyer – MyBroadband

It is against the law for debt collectors to email or otherwise disclose your outstanding TV licence account to a family member, Fairbridges Wertheim Becker director Shu’Aib Datay has said.

This comes after a MyBroadband journalist and researcher’s unpaid TV licence account was emailed to his father, stating that they had incurred penalties for non-payment and owed the SABC R1,325.

The researcher got a SABC TV licence in October 2021 because he had intended to buy a TV.

However, his plans changed, and he no longer needed the permit.

When he tried to cancel the TV licence, he found that the pro forma affidavit the SABC required to process cancellations did not account for this eventuality.

There is no way to state that you changed your mind about buying a TV — only that you disposed of it or that it was stolen, broken, or repossessed.

The repossession section does include an option for cancelling a deal, but this requires the particulars of the dealer.

After several attempts to get help from the SABC to cancel his TV licence, our researcher gave up.

His experience is not unique. Daily Maverick journalist Marianne Merten also wrote that she found cancelling her TV licence impossible.

Datay told MyBroadband that debt collectors are “absolutely not” allowed to contact people’s family members about their unpaid bills.

“A debt collector may not disclose or threaten to disclose to a person other than the debtor or his or her spouse if also liable, information concerning the existence of the claim, except through proper legal proceedings,” explained Datay.

“This does not prohibit lawful disclosure to another person of such information, provided the debtor is notified of such communication explicitly. This is in terms of the debt collectors’ code of conduct.”

Datay said that emailing a family member a demand or statement of account is an offence in terms of the Debt Collector’s Act and could be reported to the Council for Debt Collectors.

The council would then be obliged to investigate and impose penalties and sanctions against the debt collector.

How the debt collectors linked the MyBroadband staffer to his father is also an interesting question. He said there was nothing in the account that would’ve overtly linked them.

The TV Licence was registered in his name, using his contact details and address.

MyBroadband contacted the SABC and the debt collector for comment.

While the debt collector didn’t respond, the SABC confirmed they were on its panel of debt collection agencies and responded on their behalf.

“We are aware that such conduct is not allowed in terms of the Code of Conduct for Debt Collectors,” an SABC spokesperson told MyBroadband.

“The debt recovery agency confirmed they do not call or send notices to the next of kin for payment of licence fees,” the SABC added.

“However, such contact details may be obtained when tracing the debtor or if they provided additional contact information.”

The debt collector’s denial is curious. A screenshot of the email sent to the MyBroadband researcher’s father is included below.

MyBroadband also asked Datay whether the R1,325 bill for two years of outstanding licence fees was correct.

A TV licence is R265 per year. The SABC was billing the person an equivalent of three years’ worth of fees just in penalties.

“Penalties, in terms of the Broadcasting Act, are limited to an amount equal to double the amount of the applicable prescribed licence fee,” Datay explained.

“Which means that for a period of two years, the license fees would be R530, and the penalties for those two years cannot exceed R1,060.”

Datay also noted that to cancel a TV Licence, the holder would need to complete the affidavit in the prescribed format and submit why they are no longer in need of one, detailing their change in circumstances.

“The affidavit must be sent via email to [email protected]. If the holder notified the SABC of cancellation in the prescribed manner, the SABC must clear the debt,” he said.