It may be, as many have suggested, that the delay in correcting the legislative defect identified by the Dunne judgement did represent a delay – though it should not have deterred non-repossession action. The moratorium, and the CCMA restrictions designed to prevent harassment by debt collectors, likely have contributed to some delay, but have also been used as excuses.
In any event, the moratorium and other CCMA rules have now been streamlined in such a way as to retain sufficient protections for distressed borrowers – a legitimate and important objective – while generating little or no obstacle to efficiently organised collection procedures. The legislative defect identified in the Dunne judgement has also eventually been corrected, as was recommended by the Central Bank.