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Language Policy

This Language Policy is established in accordance with the provisions of the National Credit Act, 2005 (Act No. 34 of 2005) and the National Credit Regulations, 2007. The policy aims to ensure that all consumers are able to access and understand credit information and documentation in a language they understand. This policy ensures compliance with the National Credit Act (NCA) and National Credit Regulator (NCR) requirements in South Africa, promoting transparency, understanding, and equitable access for consumers in their preferred languages. This policy applies to all communication between Liyana Finance and its customers, including written, verbal, and digital communication.

Liyana Finance commits to:

  • Promoting Accessibility: Providing information about credit products, terms, conditions, and rights in languages that are accessible to customers, based on the predominant languages spoken in the region of operation.
  • Supporting Language Diversity: Respecting and accommodating the diversity of South African languages by prioritizing the use of official languages relevant to the customer base.
  • Ensuring Clarity: Using plain and simple language in all communications to ensure customers fully understand their rights and obligations.
  • Facilitating Informed Decision-Making: Offering translations of key documents (e.g., credit agreements) into the customer’s preferred language where possible, and ensuring customers acknowledge their understanding before signing agreements.

Consumer Rights

The Credit Provider recognises the following consumer rights as enshrined in the National Credit Act:

  • Right to Language: Consumers have the right to receive any document required by the Act in an official language they understand, to the extent that it is reasonable.
  • Right to Clear and Concise Language: All credit agreements and other related documents must be written in plain and understandable language.
  • Right to Translation: If necessary, the Credit Provider will make reasonable efforts to provide translations of documents into languages commonly understood by its customers.

Language of Communication

  • Primary Languages: The Credit Provider will primarily communicate with consumers in the following official languages:
    • English
    • Afrikaans
    • isiZulu
    • isiXhosa
    • Sesotho
    • Setswana
    • Sepedi
    • Xitsonga
    • Tshivenda
    • Ndebele
  • Consumer Preference: The Credit Provider will prioritize the language preference of the consumer, as indicated during the application process or subsequent interactions.
  • Reasonable Accommodation: The Credit Provider will make reasonable efforts to accommodate consumer preferences and provide documents in alternative languages if necessary.

Language of Communication and Documentation

  • Pre-agreement Statement and Quotation
  • Primary Languages: Pre-agreement statements and quotations will be primarily in English.
  • Additional Languages: The Credit Provider may use additional languages in pre-agreement statements and quotations, provided that the content is clear, concise, and accurate.
  • Translation: If necessary, the Credit Provider will provide translations of pre-agreement statements and quotations into languages commonly understood by its target market.

Credit Agreement

  • Primary Languages: Credit agreements will be primarily in English.
  • Additional Languages: The Credit Provider may use additional languages in credit agreements, provided that the content is clear, concise, and accurate.
  • Translation: If necessary, the Credit Provider will provide translations of credit agreements into languages commonly understood by the consumer.

Enforcement Notice

  • Primary Languages: Enforcement notices will be primarily in English.
  • Additional Languages: The Credit Provider may use additional languages in enforcement notices, provided that the content is clear, concise, and accurate.
  • Translation: If necessary, the Credit Provider will provide translations of enforcement notices into languages commonly understood by the consumer.

Marketing and Advertising Material

  • Primary Languages: All advertisements and marketing materials will be primarily in English.
  • Additional Languages: The Credit Provider may use additional languages in advertisements and marketing materials, provided that the content is clear, concise, and accurate.
  • Translation: If necessary, the Credit Provider will provide translations of advertisements and marketing materials into languages commonly understood by its target market.

Call Centre, Internet, and Branch Staff

  • Language Proficiency: Staff members who interact with consumers must be proficient in at least one official language of South Africa.
  • Language Preference: Staff members should prioritize the language preference of the consumer, as indicated during the interaction.
  • Translation Services: The Credit Provider may utilize professional translation services to facilitate communication with consumers.

Other Related Areas

The Credit Provider will ensure that all other relevant documents and communications are provided in a language that the consumer can reasonably understand. This includes, but is not limited to, letters, notices, statements, and receipts.

Language Training for Staff

The Credit Provider will provide language training to staff members who interact directly with consumers to improve their language skills and enhance communication effectiveness.

Monitoring and Review

The Credit Provider will regularly monitor and review the implementation of this Language Policy to ensure compliance with the National Credit Act and to identify areas for improvement.

Dispute Resolution

Any disputes related to language issues will be resolved in accordance with the Credit Provider’s internal dispute resolution procedures or through external mediation or arbitration, as applicable.

Consultation with the NCR

The Credit Provider will consult with the National Credit Regulator (NCR) to obtain approval for the specific languages in which it intends to make its documents available, as required by Section 63(2) of the National Credit Act.

By adhering to this Language Policy, the Credit Provider aims to promote financial inclusion and empower consumers to make informed decisions about credit products and services.