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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

9. Deemed applications

 

(1) If the Tribunal grants leave in terms of section 137(1)(d) of the Act for a complaint submitted to the National Credit Regulator or in terms of Section 73(4) or Section 75(2) of the CPA for a complaint referred to a Consumer Court to be brought directly before the Tribunal the Complainant in the referred matter—

[Words preceding rule 9(1)(a) substituted by rule 11(1) and rule 11(2) of Notice 428 of 2011, GG 34405, dated 29 June 2011]

(a) will become the Applicant to the Tribunal; and

[Rule 9(1)(a) substituted by rule 11 of Notice No. R. 203, GG 38557, dated 13 March 2015]

(b) must proceed in accordance with the rules applicable to the type of application made, provided that no application fee is payable.

 

(2) If:
(a) a Respondent to a matter, that has been referred to alternative dispute resolution in terms of section 134(1)(b)(ii) of the Act objects in writing to the referral;
(b) the objection was noted within 10 business days of the referral; and
(c) the matter could give rise to an application listed in Table 1A; then,

[Rule 9(2)(c) substituted by rule 11(3) of Notice 428 of 2011, GG 34405, dated 29 June 2011]

(d) [Rule (9(2)(d) deleted by rule 11(4) of Notice 428 of 2011, GG 34405, dated 29 June 2011]

 

(3) On receiving notification in terms of rule 9(2)(b), the person who referred the matter to alternative dispute resolution may apply to the Tribunal according to the rules governing such an application.