Intellectual Property Rights from Publicly Financed Research and
R 385
Consumer Protection Act, 2008 (Act No. 68 of 2008)Rules Regulating the Functioning of the National Consumer Commission in Terms of The Consumer Protection Act, 2008 (No.68 of 2008)Part 4 : Complaint Procedures16. Consent agreements |
| 1) | If, at any time before issuing a Notice of Non-referral in the form of Annexure G of the Regulations or referring a complaint to the Tribunal, it appears to the Commission that the respondent may be prepared to agree to terms of a proposed order, the Commission— |
| a) | must notify the complainant, in writing, that a consent order may be recommended to the Tribunal; and |
| b) | invite the complainant to inform the Commission in writing within 10 business days after receiving that notice - |
| i) | whether the complainant is prepared to accept damages under such an order; and |
| ii) | if so, the amount of damages claimed. |
| 2) | If the Commission and the respondent agree to the terms of an order, the Commission must— |
| a) | refer the complaint to the Tribunal; |
| b) | attach to the referral a consent agreement— |
| i) | setting out the section of the Act that has been contravened; |
| ii) | setting out the terms agreed between the Commission and the respondent, including, if applicable, the amount of damages agreed between the respondent and the complainant; and |
| iii) | signed by the Commission and the respondent indicating their consent to the consent agreement being made an order of the Tribunal; and |
| c) | serve a copy of the referral and consent agreement on the respondent and the complainant. |
| 3) | A draft consent agreement must be submitted to the Tribunal in terms of this rule notwithstanding the refusal by a complainant to consent to including an award of damages in that draft agreement. |
