WALVIS BAY – The Namibia Competition Commission (NaCC) has found that contracts awarded to RedForce Debt Management by local authorities are beyond reproach.
However, the commission raised serious concerns over discrepancies in debt-collection practices, and called for urgent regulatory reforms to protect consumers from excessive fees and aggressive collection tactics.
The findings are contained in a report which was sent to local authorities earlier this month.
The NaCC started investigating ratepayers’ accounts after a social media complaint about RedForce being the sole debt-collector for most local authorities, while 136 debt-collectors are registered with the Business and Intellectual Property Authority (Bipa).
The inquiry was to determine whether these concerns were valid, and if there were sufficient grounds for a formal investigation into possible anti-competitive behaviour.
A small portion of the report was presented on Tuesday evening during the Walvis Bay council meeting.
Several parastatals and local authorities have contracted RedForce to collect outstanding debt of more than N$2 billion on their behalf.
The NaCC found that the procurement processes followed by the municipalities in awarding the job to RedForce were lawful, but warned that Namibia lacks proper regulations to oversee debt-collection companies.
The report likewise highlights the absence of clear laws governing how debt-collectors should operate.
The NaCC stated that there is no legal framework which limits the fees they charge, the interest they apply, or the legal actions they take against defaulters. This allows debt-collectors to impose heavy financial burdens on struggling consumers, making it more difficult for them to settle their outstanding debts. “We established that authorities followed due process, but there are significant concerns regarding transparency and fairness of debt-collection practices,” the NaCC emphasised in its report.
Red flags
The commission flagged several discrepancies in RedForce operations, the lack of transparency in its fee structures, and the legal action taken against defaulters.
“This is detrimental to residents, as they keep accumulating debt. Once they fail to pay, they will not be able to access the most basic of necessities,” the report pointed out.
NaCC added that some consumers claimed their debts had doubled or tripled due to additional charges, while others said they received legal threats, even after attempting to make payment arrangements.
The balance of power between debt- collectors and consumers is thus skewed, as many people do not fully understand the financial implications when their debts are handed over for collection.
“The absence of regulatory oversight on debt-collection in Namibia has created an environment where consumers face undue financial burdens without sufficient legal protection,” the report continued.
The commission is calling for urgent intervention to regulate the industry, and prevent debt-collectors from taking advantage of consumers. It recommended that the government introduces legislation which sets clear guidelines on debt-collection, ensuring fair practices and consumer protection. It suggested that debt-collectors be required to disclose all fees upfront to avoid hidden charges which escalate debts unfairly.
The commission warned against the use of legal threats and excessive penalties, saying it often pushes debtors into deeper financial distress, instead of assisting them in settling their accounts.
“The introduction of a regulatory framework will ensure that consumers are protected from predatory debt-collection practices, while also providing clarity on acceptable industry standards,” the commission recommended.
The commission furthermore urged local authorities to implement more transparent billing systems to ensure consumers receive clear, itemised bills with detailed charges and arrears. “A structured dispute resolution mechanism should be in place, allowing consumers to challenge incorrect bills before cases are handed over to debt-collectors. Municipalities should strengthen their internal debt- recovery departments to reduce reliance on external agencies and eliminate additional service fees passed on to debtors,” it recommended.
The NaCC proposed that local authorities introduce flexible and affordable repayment plans for financially-vulnerable consumers to prevent unnecessary water disconnections.
Meanwhile, the Walvis Bay councillors agreed during the council meeting to study the report and its recommendations.
“We will wait for the attorney general’s report that is currently outstanding. Once we have both, we will be able to make a collective decision,” mayor Trevino Forbes said.
Councillor Ephraim Shozi said the community must be made aware of the NaCC report and its recommendations.