SABC TV Licence Debt Collectors Violate Legal Boundaries by Contacting Family Members

In a startling revelation, it has come to light that SABC TV licence debt collectors may be flouting the law by disclosing outstanding account information to family members. This follows an incident where a journalist and researcher from MyBroadband had their unpaid TV licence account emailed to their father, which included a demand for R1,325 in overdue fees and penalties.

According to Shu’Aib Datay, a director at Fairbridges Wertheim Becker, this action is a clear violation of the Debt Collector’s Act. Datay emphasizes that debt collectors are “absolutely not” allowed to inform anyone other than the debtor or their spouse, if jointly liable, about unpaid bills. The law mandates that such disclosures can only be made through proper legal channels or with explicit notification to the debtor.

The incident in question occurred after the researcher obtained a TV licence in October 2021, planning to purchase a television. However, after his plans changed, he found it impossible to cancel the licence due to the rigid requirements set by the SABC. The affidavit needed to cancel the licence did not allow for a change of mind—it only provided options for disposal, theft, damage, or repossession of the TV.

After multiple failed attempts to navigate the cancellation process, the researcher decided to abandon the effort, leaving his account in arrears. This frustrating experience is not isolated, as Daily Maverick journalist Marianne Merten has also publicly shared her struggles with cancelling a TV licence.

Datay pointed out that the actions of the debt collectors in this case are not just unethical but illegal. Under the Debt Collector’s Act, disclosing a debt to anyone other than the debtor without their explicit consent is an offence. Such breaches can be reported to the Council for Debt Collectors, which is then required to investigate and impose appropriate sanctions.

The manner in which the debt collectors linked the journalist’s unpaid account to their father remains a concerning mystery, as there were no overt connections in the account information. The TV licence was registered solely under the journalist’s name, using their contact details and address.

When contacted for comment, the SABC acknowledged that the debt collection agency involved is part of their official panel. The broadcaster also confirmed that the agency is aware that such conduct is prohibited by the Debt Collectors’ Code of Conduct. The SABC stated that the agency assured them that they do not contact next of kin regarding unpaid licence fees. However, they noted that additional contact details might be obtained during debtor tracing or if provided by the debtor.

Additionally, Datay addressed the R1,325 bill for two years of unpaid licence fees. He clarified that the penalties charged by the SABC were excessive. According to the Broadcasting Act, penalties are capped at double the amount of the unpaid licence fee. Therefore, for two years of unpaid fees, the total penalties should not exceed R1,060, which, combined with the licence fees, would amount to R1,590, not R1,325.

To legally cancel a TV licence, Datay advised that the holder must complete an affidavit in the prescribed format, explaining why they no longer require the licence. This affidavit should be emailed to the SABC at tvlic.info@sabc.co.za. If the cancellation is submitted in the prescribed manner, the SABC is obligated to clear any associated debt.

This incident raises significant concerns about the practices of debt collectors working on behalf of the SABC and highlights the challenges faced by consumers in cancelling unwanted TV licences. As these issues come to light, it may prompt further scrutiny of the SABC’s debt collection methods and lead to calls for more transparent and consumer-friendly policies.