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

Does your Business have to Register as a Credit Provider in terms of the National Credit Act?

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 …

Does your Business have to Register as a Credit Provider in terms of the National Credit Act? Read More »

How is a Surety’s Right of Recourse Affected by the Business Rescue of the Principal Debtor?

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 …

How is a Surety’s Right of Recourse Affected by the Business Rescue of the Principal Debtor? Read More »

”In full and final settlement” …or is it? (Properly Drafting Settlement Agreements)

Settlement agreements form an essential part of commercial debt repayments. By acting as a recording of the agreed terms of the repayment, such agreements are meant to provide certainty as to the intention of the parties. It is for this very reason that the terms of settlement agreements should always be in writing and be …

”In full and final settlement” …or is it? (Properly Drafting Settlement Agreements) Read More »

Appealing Opinion Video: The Legalities of Electronic Registered Mail

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

SALR’s Discussion Paper On The Review Of Administration Orders Surfaces Again as a Means of Debtor Assistance

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 …

SALR’s Discussion Paper On The Review Of Administration Orders Surfaces Again as a Means of Debtor Assistance Read More »

When does the National Credit Act Apply to a Transaction?

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 …

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