MUNNIK BASSON DAGAMA INC.

MUNNIK BASSON DAGAMA

Formal Review / Complaint

Subject: Harassment of Elderly Pensioners – Breach of POPIA and Consumer Rights

I am writing to formally raise a serious concern regarding the conduct of Munnik Basson Dagama Attorneys. My elderly parents, who are pensioners and have no outstanding debts or accounts with your firm or its clients, are being contacted on a weekly basis regarding alleged debts owed by a former domestic worker who last worked for us more than five years ago.

This practice is deeply concerning for the following reasons:

1. Harassment of Elderly Consumers

Repeated and unsolicited phone calls to vulnerable pensioners, especially where they are not party to any debt, constitutes harassment and unfair treatment under the Consumer Protection Act, 2008 (CPA).

2. Breach of the Protection of Personal Information Act (POPIA)

Contacting individuals who are not debtors, and repeatedly using their personal information (telephone numbers), amounts to the ******** processing of personal information under POPIA, 2013.

POPIA requires that personal information must be collected for a specific, lawful purpose and not be used in a manner that causes harm, distress, or harassment.

3. Negligent Debt Collection Practices

The fact that my parents are being contacted for a debt that is not theirs highlights a failure to properly verify debtor information before pursuing collection. This violates principles of responsible debt collection as per the National Credit Act, 2005 (NCA).

Impact: My parents are elderly and in poor health, and these repeated phone calls are causing them unnecessary stress and emotional distress. This conduct is unacceptable, unprofessional, and in breach of their rights.

Required Action: I demand that:

All communication with my parents be stopped immediately.

Their personal information be removed from your systems in terms of Section 24 of POPIA.

Written confirmation be provided that no further contact will be made.

Failure to comply will leave me with no choice but to escalate this matter to:

The Information Regulator of South Africa (for POPIA breaches).

The National Consumer Commission (for harassment and unfair treatment).

The Legal Practice Council (for unprofessional conduct by attorneys).

This complaint and your conduct may also be made public by way of formal reviews and social awareness, to protect other consumers from similar treatment.