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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 D : Hearings

20. Consent orders

 

(1) The Tribunal may confirm a resolution or agreement as a consent order—
(a) on application by the facilitator of that resolution or agreement; and
(b) without hearing any evidence.

 

(2) Upon the receipt of an application for a consent order, the Tribunal may:
(a) make its ruling on the application based on the documents filed alone, without hearing any evidence;
(b) require further submissions or documents from the parties before adjudicating on the application, in which case the directions of the Tribunal will be communicated to the parties by the Registrar; or
(c) require that a hearing date be scheduled for the application, in which case the Registrar will proceed in terms of rule 18(1).

[Rule 20(2) substituted by rule 21(1) of Notice No. R. 203, GG 38557, dated 13 March 2015]

 

(3) If the Tribunal refuses to make the consent order applied for, or requires any changes that a party is unwilling to accept, the Registrar must serve on each party to the agreement or resolution—
(a) a notice that the application has been refused; and
(b) a copy of the agreement or resolution in its original form, in respect of which the application was refused.
(c) a copy of the Tribunal's reasons for the refusal.

[Rule 20(3)(c) inserted by rule 21(3) of Notice No. R. 203, GG 38557, dated 13 March 2015]