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

Rules

Rules for the conduct of matters before the National Consumer Tribunal

Part A : Interpretation and definitions

1. Definitions

 

(1) In these rules any word or expression to which a meaning has been assigned in the Act bears the same meaning, and unless the context indicates otherwise-

 

"Applicant"

means the person initiating proceedings before the Tribunal;

 

"Commission"

means the National Consumer Commission established by Section 85 of the CPA;

[Definition inserted by rule 3(2) of Notice 428 of 2011, GG 34405, dated 29 June 2011]

 

"file or filing"

means, to deliver to the Registrar in terms of Rules 30 to 31;

[Definition substituted by rule 3(1) of Notice No. R. 203, GG 38557, dated 13 March 2015]

 

"Form NCR"

means a form contained in the National Credit Regulations, 2006;

 

"Form TI"

means a Form contained in these rules;

 

"party"

to any matter includes an Applicant, Respondent, intervener, or any party joined in or substituted for another

 

"record"

means the documents listed in rule 23 and includes an electronic record and a voice recording;

[Definition substituted by rule 3(2) of Notice No. R. 203, GG 38557, dated 13 March 2015]

 

"referral"

includes, where applicable, all the documents and other records appended to a referral;

 

"registered mail"

includes any type of mail with tracking capability;

 

"Registrar"

means a person performing the functions of the Tribunal Registrar and includes any acting or assistant Registrar;

 

"Sheriff"

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

 

"the Act"

means the National Credit Act, 2005 (Act 34 of 2005);

[Definition inserted by rule 3(3) of Notice 428 of 2011, GG 34405, dated 29 June 2011]

 

"the CPA''

means the Consumer Protection Act, 2008 (Act 68 of 2008)'

[Definition inserted by rule 3(3) of Notice 428 of 2011, GG 34405, dated 29 June 2011]

 

"the Registrar of Companies"

means the Registrar of Companies appointed in terms of the Companies Act, 1973 (Act 61 of 1973) or the official performing similar functions in terms of any subsequent legislation.

[Definition inserted by rule 3(3) of Notice 428 of 2011, GG 34405, dated 29 June 2011]

 

"Tribunal"

means the National Consumer Tribunal, a body established by section 26(1) of the Act;

[Definition inserted by rule 3(4) of Notice No. R. 203, GG 38557, dated 13 March 2015]

 

[Rule 1 renumbered as rule 1(1) by rule 3(1) of Notice 428 of 2011, GG 34405, dated 29 June 2011]

 

(2) Any reference to a section in these rules is a reference to a section in the Act unless the context indicates otherwise.

[Rule 1(2) inserted by rule 3(1) of Notice 428 of 2011, GG 34405, dated 29 June 2011]

 

(3) Saturdays, Sundays, Public Holidays and the days between 24 December and 2 January shall not be included in the computation of any time expressed in days (or as business days) prescribed by these Rules or fixed by any order of the Tribunal.

[Rule 1(2) inserted by rule 3(5) of Notice No. R. 203, GG 38557, dated 13 March 2015]