Brett Bentley
Founder and Managing Director
Brett studied at the University of Natal (Durban) and has a B.A. LLB. In addition, he has a diploma in Insolvency Law and Practice. Admitted as an attorney in 1994, he has authored a number of articles on various aspects of credit law and debt recovery for various publications and is a previous LexisNexis prize winner for best article by an Attorney in the official SA Attorneys Journal De Rebus. He has also been on the South Africa Law Society expert panel for the topic of Legal Debt Collection since 2012 and presents annual update seminars for attorneys across the country on this topic. He also delivers seminars in debt collection and credit management to the commercial sector.
Recent Posts by Brett Bentley
In this video, Brett Bentley explores the registration requirements for a business tobe required to register as a credit provider in terms of the befuddling SouthAfrican National Credit Act. Section 40 (1) of the National Credit Act , “ A person must apply to be registered as a credit provider if the total principal debt […]
Business Rescue and Suretyships With the introduction of business rescue in terms of Chapter 6 of the Companies Act No. 71 of 2008, one of the areas of contention has been its affect on the suretyships of the company in business rescue. The legal consensus seems to have been reached that: although a suretyship is […]
In this video, Brett Bentley explores the legalities of registered mail as a means of legal communication and how the Electronic Communications and Transactions Act can bring this process into the 21st century. He also discusses the central role that the South African Post Office is legally required to play in this process
Many South Africans are currently feeling the pressure of the economic recession and looking for relief. However, it has now become more widely recognised that the solution contained in the National Credit Act 34 of 2005 (“NCA”) of debt counselling, has inherent limitations and flaws and is thus not the panacea of debt relief it […]
The Test for NCA Applicability The National Credit Act No. 34 of 2005 (“the NCA” or “Act”) has had a significant impact on transactions involving deferred payment and interest in South Africa. However, it has almost become trite law to refer to the interpretive challenges that arise out of the poor drafting, while at the […]