This procedure is provided for in the ADRA Constitution section 12.6.2. Any grievance about the conduct of a Member of ADRA should in the first instance be addressed to the Member of ADRA concerned by the complainant, setting out the complaint with all relevant details.

If no satisfactory conclusion is reached, the complainant should address his complaint or grievance to the Board of ADRA via the President of ADRA. 

Any allegation of improper conduct against a debt collector shall be in the form of a written affidavit, stating the date, time and particulars of the incident, the name of the debt collector and the names of any eyewitnesses to the incident, and shall be submitted to the Board as soon as practical after the incident together with any corroborative documents.

The Board shall keep record of each allegation lodged with it, and the outcome thereof. 

The Board shall within 14 working days after receipt of the allegation referred to above -

• bring the allegation to the attention of the debt collector concerned;
   

• on receipt of the allegations by the debt collector, the debt collector shall, if he or she so wishes, respond in writing within five working days to the allegations in the manner the Board requests;
   

• the Board may require the particulars it deems necessary regarding any aspect of the allegations from any person in the manner requested by the Board.

The Board shall consider the allegations and deal with it in the manner it deems fit.

If the violation is admitted and if the Board of ADRA finds that it was accidental, with evidence that it has been, or is in the process of being rectified, no further action will be taken. The President will inform the complainant of the findings of the Board and the incident will thereafter never be referred to or be held against such a Member of ADRA in any way whatsoever.

If the violation is denied or admitted the Board may –

• establish a committee, consisting of at least three members of the Board, one of whom must be suitably qualified in law, and designate one of those members as chairperson of the committee; or
   

• appoint an independent and impartial person, suitably qualified as and when necessary,

to investigate an allegation of improper conduct as provided for in this Code of Conduct. The Sub-committee on Conduct is provided for in the ADRA Constitution section 12.5.17. 

The Sub-committee on Conduct shall charge the debt collector concerned by notice in writing, stating all the charges against the debt collector.

The written notice referred to above shall contain or be accompanied by a request that the debt collector furnishes the Sub-committee on Conduct with a written admission or denial of the charge, within 14 days of the service thereof.

The written notice referred to above shall be served by registered mail on a debt collector. The Sub-committee on Conduct may forward the notice by registered post to the last known address of the debt collector’s office and such service shall be deemed to be sufficient notice.

The Sub-committee on Conduct shall investigate a charge of improper conduct at such time and place as the Sub-committee on Conduct may determine and shall give the debt collector in question at least 14 days’ notice in writing of the time and place so determined. The written notice shall be served by registered mail on a debt collector. The Sub-committee on Conduct may forward the notice by registered post to the last known address of the debt collector’s office and such service shall be deemed to be sufficient notice.

The Sub-committee on Conduct may authorize a person who has an interest in the investigation, to:

• attend the investigation instituted;

• adduce evidence and arguments in support of the charge; and

• cross-examine any person who has given evidence.

At the investigation the debt collector in question shall have the right to be present, to represent him or herself, to be assisted by another person or to be represented by a legal representative. The debt collector shall have the right at the hearing to give evidence personally;

• or through a representative – to call witnesses with at least 24 hour notice to the Sub-Committee,

• to cross-examine any person called as a witness in support of the charge; and

• to have access to documents produced in evidence.

The failure of the debt collector, on whom the notice was served, to attend the investigation shall not invalidate the proceedings. The Sub-committee on Conduct shall keep a record of the proceedings and of the evidence given.

The Sub-committee on Conduct will carry out its investigation with the utmost fairness to the Member of ADRA whose conduct is being investigated in terms of the report presented to it.

Should the Sub-committee on Conduct find that a Member of ADRA or any of his employees, or his agent whose conduct was investigated, has committed or attempted to commit the breach, or admits to any breach, or be deemed to have committed the breach, then the Sub-committee on Conduct shall be entitled, at its sole and absolute discretion to -

• warn that Member of ADRA;
   

• or suspend that Member of ADRA from ADRA for a definite period;
   

• or expel the Member of ADRA from Membership of ADRA on the recommendation by any Member of the Sub-committee supported by a simple majority of Members of the Sub-committee on Conduct.

On completion of its investigation, the Sub-committee on Conduct will take a decision, and report this to the Board of ADRA via the President of ADRA. Members of the Sub-committee on Conduct will under no circumstances disclose its decision and its findings to any other person or instance.

The Sub-committee shall notify the Member of ADRA concerned of its decision and if the Member of ADRA is expelled from ADRA shall furnish the reasons for expulsion.

The expelled Member of ADRA will be instructed to remove the designation of Membership of ADRA from all stationary in use and to return the Certificate of Membership of ADRA and all other ADRA awards. The President of ADRA will also inform the public and all Members of ADRA through the written media of the expulsion of a specific Member of ADRA. Failure to comply with these instructions within a reasonable period will result in ADRA taking legal action for compliance and the delivery of any documents that are to be returned.

The cost of any legal proceedings will be for the account of such a Member of ADRA / ex-Member of ADRA. Should a Member of ADRA be expelled from ADRA no amount of money paid by that Member of ADRA towards ADRA for whatever reason, would be refunded.

Any Member of ADRA whose conduct had been investigated by the Sub-committee on Conduct in terms of these procedures may lodge an application for review of the findings of the Sub-committee of ADRA in writing to the President of ADRA within seven (7) days of such a finding, and the Board of ADRA will consider such an review. The President of ADRA will call the Board of ADRA to review the findings of the Sub-committee on Conduct.

The Board will not be bound by rules of evidence and it will not be obliged to call upon that Member of ADRA in question to make any statement or give any explanation. The review will be conducted in private and in such a manner as the Board of ADRA in its absolute discretion deems fit. The Board of ADRA will carry out its review with the utmost fairness to the Member of ADRA whose conduct was investigated. The review of the Board shall be final and binding on all Members of ADRA. It shall not be open to challenge by the Member of ADRA concerned or by any other Members of ADRA or committee of ADRA or any other person or instance or in any Court of Law.

Affected Member of ADRA

No member of the Sub-committee on Conduct, or any other committee, or a member of the Board of ADRA, shall investigate or attend at any meeting of the Sub-committee on Conduct or the Board of ADRA where the conduct of such a Member of ADRA, any of his employees, or any agent instructed by him or any person concerned with such a Member of ADRA, directly or indirectly, is being discussed or investigated, or where such a Member of ADRA has any interest directly or indirectly in whatever form in the investigation or the outcome of any investigation, nor shall such a Member of ADRA referred to above, be entitled to a copy of any report or decision taken in regard to the investigation into the conduct of such a Member of ADRA.