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National Credit Act, 2005 (Act No. 34 of 2005)

Chapter 7 : Dispute Settlement other than debt enforcement

Part E : Tribunal orders

149. Interim relief

 

(1) At any time, whether or not a hearing has commenced into a complaint, a complainant may apply to the Tribunal for an interim order in respect of that complaint, and the Tribunal may grant such an order if—
(a) there is evidence that the allegations may be true; and
(b) an interim order is reasonably necessary to—
(i) prevent serious, irreparable damage to that person; or
(ii) prevent the purposes of this Act from being frustrated;
(c) the respondent has been given a reasonable opportunity to be heard, having regard to the urgency of the proceedings; and
(d) the balance of convenience favours the granting of the order.

 

(2) An interim order in terms of this section must not extend beyond the earlier of—
(a) the conclusion of a hearing into the complaint; or
(b) the date that is six months after the date of issue of the interim order.

 

(3) If an interim order has been granted, and a hearing into that matter has not been concluded within six months after the date of that order, the Tribunal, on good cause shown, may extend the interim order for a further period not exceeding six months.