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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 B : Access to and Functions of the Tribunal

3. Powers of the Tribunal

 

(1) The Tribunal may deal with a matter:
(a) listed in Table 1A and Table 1B of these rules;

[Rule 3(1)(a) substituted by rule 5(1) of Notice 428 of 2011, GG 34405, dated 29 June 2011]

(b) referred to the Tribunal in terms of section 134(2)(c) of the Act;
(c) originating as a complaint to the Regulator or arising from a complaint, and referred to the Tribunal in terms of section 137(1), section 140 or section 141(1)(b) of the Act;
(d) which is referred to the Tribunal in terms of section 137(3) of the Act;

[Rule 3(1)(d) substituted by rule 5(2) of Notice 428 of 2011, GG 34405, dated 29 June 2011]

 

(2) The Tribunal may:
(a) grant interim relief in respect of a matter described in rule 3(1)(c);
(b) confirm a consent agreement entered into between parties (s138);
(c) consider applications related to an adjudication process—
(i) to intervene in proceedings in terms of rules 11 and 12;
(ii) to amend documents in terms of rule 15;
(iii) to change the forum at which a matter will be heard in terms of section 140(4) or 141(2)(a) ;
(iv) to condone non-compliance with the rules and proceedings of the Tribunal;
(v) for an order of substituted service in terms of rule 30;
(vi) to grant a default order in terms of rule 25; or
(vii) relating to other procedural matters;
(d) in respect of its prior rulings, consider—
(i) matters on appeal in terms of section 148(1);
(ii) an application in terms of section 165 for the variation or rescission of a decision or order.
(e) distribute a remittance in terms of section 127(6); and
(f) deal with any other matter in accordance with rule 10.

 

(3) The Chairperson may issue practice directives, which are consistent with the Act, the CPA and these rules, which shall be binding on parties to Tribunal proceedings and which will assist in proper case management and service delivery at the Tribunal.

[Rule 3(1)(d) inserted by rule 5 of Notice R. 203, GG 38557, dated 13 March 2015]