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

Chapter 4 : Consumer Credit Policy

Part A : Consumer Rights

63. Right to information in official language

 

(1) A consumer has a right to receive any document that is required in terms of this Act in an official language that the consumer reads or understands, to the extent that is reasonable having regard to usage, practicality, expense, regional circumstances and the balance of the needs and preferences of the population ordinarily served by the person required to deliver that document.

 

(2) If the producer of a document that is required to be delivered to a consumer in terms of this Act is, or is required to be, a registrant, that person must—
(a) make a submission to the National Credit Regulator proposing to make such documents available in at least two official languages; and
(b) offer each consumer an opportunity to choose an official language in which to receive any document, from among at least two official languages as determined in accordance with a proposal that has been approved by the National Credit Regulator.

 

(3) A proposal in terms of subsection (2) may propose—
(a) the same official languages for use throughout the Republic; or
(b) different official languages for use in different parts of the Republic.

 

(4) The National Credit Regulator must—
(a) consider each proposal in terms of subsection (2) having regard to usage, practicality, expense, regional circumstances and the balance of the needs and preferences of the population ordinarily served by the person making the proposal; and
(b) either—
(i) approve the proposal; or
(ii) require the person making the proposal to submit a fresh proposal, if the National Credit Regulator concludes that the proposal does not adequately provide for the maximum practicable enjoyment of the right set out in subsection (1).

 

(5) The person who made a proposal that is the subject of a decision of the National Credit Regulator in terms of subsection (4)(b)(ii) may apply to the Tribunal to review that decision, and the Tribunal may make an order confirming or setting aside the decision.

 

(6) If the producer of a document that is required to be delivered to a consumer in terms of this Act is not a registrant, and not required to register, that person must offer the consumer an opportunity to choose an official language in which to receive that document from among at least two official languages selected by the producer of the document, having regard to usage, practicality, expense, regional circumstances and the balance of the needs and preferences of the population ordinarily served by that person.

 

(7) The producer of a document that is required to be delivered to a consumer in terms of this Act must provide each such document to the consumer in the official language chosen by the consumer in terms of this section.

 

(8) The Minister may prescribe at least two official languages to be used by the National Credit Regulator in any documents it is required to deliver in terms of this Act, for all or particular parts of the Republic, so as to give maximum effect to the right set out in subsection (1).