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

Rules

Regulations for matters relating to the functions of the Tribunal and Rules for the conduct of matters before the National Consumer Tribunal

Part C : Applications

13. Opposing an application or referral

 

(1) Any Respondent to an application or referral to the Tribunal may oppose the application or referral by serving an answering affidavit on:

[Rule 13(1) substituted by rule 14(1) of Notice No. R. 203, GG 38557, dated 13 March 2015]

(a) the Applicant; and
(b) every other person on whom the application was served.

 

(2) An answering affidavit to an application or a referral other than an application for interim relief must be served on the parties and filed with the Registrar within 15 business days of receipt by such party of the application.

[Rule 13(2) substituted by rule 14(2) of Notice No. R. 203, GG 38557, dated 13 March 2015]

 

(3) An answering affidavit to an application for interim relief must be served on the parties and filed with the Registrar within 10 business days of receipt by such party of the application, or within a shorter period if directed by the Registrar by notice in writing.

[Rule 13(3) substituted by rule 14(3) of Notice No. R. 203, GG 38557, dated 13 March 2015]

 

(4) The answering affidavit must set out in numbered paragraphs—
(a) a concise statement of the grounds on which the matter is opposed;
(b) facts or allegations contained in the application or referral that the Respondent admits;
(c) facts or allegations contained in the application or referral that the Respondent denies and the grounds for such denial; and
(d) the material facts or points of law on which the Respondent relies.

 

(5) Any fact or allegation in the application or referral not specifically denied or admitted in an answering affidavit, will be deemed to have been admitted.

 

(6) If an Application relates to the review of any decision, determination or ruling made by the Regulator, the Commission, the Registrar of Companies, or any other person or entity, when exercising a power or function in terms of Act or the CPA, then the Regulator, the Commission, the Registrar of Companies, or any other person or entity as the case may be, must within a time period as notified by the Tribunal, serve and file a complete record of the decision, determination or ruling forming the subject matter of the review proceedings.

[Rule 13(6) substituted by rule 14(4) of Notice No. R. 203, GG 38557, dated 13 March 2015]