National Credit Act, 2005 (Act No. 34 of 2005)RulesRegulations for matters relating to the functions of the Tribunal and Rules for the conduct of matters before the National Consumer TribunalPart D : Hearings26. Appeals |
(1) | An appeal lodged against a ruling of a single member of the Tribunal must be referred by the Chairperson to an appeal panel consisting of three members of the Tribunal. |
[Rule 26(1) substituted by rules 18(1) and 18(2) of Notice 428 of 2011, GG 34405, dated 29 June 2011]
(2) | The Notice of Appeal must— |
(a) | be lodged with the Registrar within 20 days of the ruling; |
(b) | set out concisely the grounds of appeal; |
(c) | be accompanied by a record of the ruling ; and |
(d) | attach any relevant documentation. |
(3) | The appellant must deliver a copy of the Notice of Appeal and relevant documentation to the respondent within 2 days of lodging such documents with the Registrar. |
(4) | The respondent may file with the Registrar a replying affidavit within 15 days of receipt of the Notice of Appeal and deliver a copy of such replying affidavit to the Appellant. |
[Rule 26(4) substituted by rule 27(1) of Notice No. R. 203, GG 38557, dated 13 March 2015]
(5) | The appellant must— |
(a) | prepare 4 copies of the record of the ruling appealed against; and |
(b) | prepare 4 copies of the appeal documentation; and |
[Rule 26(5)(b) substituted by rule 27(2) of Notice No. R. 203, GG 38557, dated 13 March 2015]
(c) index and paginate such documents in a separate bundles.
[Rule 26(5) substituted by rule 18(3) of Notice 428 of 2011, GG 34405, dated 29 June 2011]
(6) | The bundles contemplated in subrule (5) must be delivered to the Registrar within 5 days of the filing of the respondent's replying affidavit or in the absence of a reply within 5 days of the lapse of the period provided for in subrule (4); |
[Rule 26(6) substituted by rule 18(4) of Notice 428 of 2011, GG 34405, dated 29 June 2011]
(7) | The respondent may, within 5 days supplement the bundles in the event of any relevant documents being omitted. |
(8) | Upon the filing of a Notice of Appeal, the Registrar must— |
(a) | in consultation with the Chairperson, set down a date and time for the hearing of the appeal; |
(b) | deliver a notice of set down on every party to the matter appealed against. |
(9) | The parties and their legal representatives may appear at the appeal hearing; |
(10) | A party that wishes to submit heads of argument must deliver within 48 hours of the hearing, 4 copies of the heads of argument to the Registrar and a copy to the other party. |
[Rule 26(4) substituted by rule 27(3) of Notice No. R. 203, GG 38557, dated 13 March 2015]