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 TribunalSchedule 1Prescribed forms in the conduct of matters before the National Consumer Tribunal and Tables 1 and 2TablesTable 2Table 1B : Applications directly to the Tribunal in terms of the CPA |
Table 2 |
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Part 1B : Applications directly to the Tribunal in terms of the CPA |
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Row No. |
Column a |
Column b |
Column c |
Column d |
Column 3 |
Column f |
Column g |
Column h |
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Application type |
Description |
Limitation on time for submission |
Forms to be used |
Other documenta-tion to be included in application |
Application fee |
Parties to be notified |
Documents to be served |
18. |
Section 60(3) of the CPA |
Application by producer or importer to modify or set aside notice issued by Commission in terms of s60(2) |
20 business days from date of notice issued by commission |
TI.60(3) & 101 CPA |
(1) copy of Notice issued by the Com-mission |
Five hundred rand (R500.00) |
The Commission |
On the Commission, a copy of Form TI.60(3) & 101 CPA and items (2) and (4) in column e |
(2) an affidavit setting out the grounds for the objection and the order sought from the Tribunal |
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(3) Proof of payment utilising Form TI.r35 |
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(4) Form TI.r30A |
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19. |
Section 80(5) of the CPA (applicable when section 80 of the CPA commences on a date to be determined by the Minister |
Application to review determina- tion of Registrar of Companies in terms of s.80(4) of the CPA relating to can-cellation of registered business name |
n/a |
Form TI.80(5) CPA |
(1) A copy of the Notice issued in terms of s.80(4)(a) of the CPA, if available
(2) A copy of the sub-missions made to the Registrar of Companies in terms of s.80(4)(b)(i) or (ii) of the CPA, if available
(3) A copy of the Notice issued in terms of s.80(4)(b) of the CPA, with the Registrar of Companies' reasons if available
(4) An affidavit setting out the grounds for the review and the order sought from the Tribunal
(5) Proof of payment utilising Form TI.r35
(6) Form TI.r30A |
Five hundred rand (R500.00) |
(1) The Registrar of Companies
(2) If the applicant for review is someone other than the person to whom the business name is registered, then also to the person to whom the business name is registered |
On the Registrar of Companies, and the person to whom the business name is registered (if applicable), a copy of Form TI.80(5) CPA and items (4) and (6) of column e |
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20. |
Section 100(6)(a) of the CPA |
Application by the Commission to impose an adminis-trative fine for failure to comply with Notice issued in terms of s.100(1) of the CPA |
The application must be filed before receipt of an application in terms of s.101(1) to set aside the Notice |
Form TI.100(6) CPA |
(1) A copy of the Notice issued in terms of s.100(1) of the CPA
(1) Copies of documents or records in evidence of the prohibited conduct and of the failure or non-compliance
(3) Form TI.r30A |
n/a |
The person to whom the compliance notice was issued |
The person to whom the compliance notice was issued, Form TI.100(6) CPA and all of the documents described in column e |
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21. |
Section 101(1) of the CPA |
Application to review notice issued by the Commission in terms of s.100(1) of the CPA |
The application must be filed within 15 (fifteen) business days of receiving the notice, or later if the Tribunal permits |
TI.60(3) & 101 CPA |
(1) A copy of the notice issued by the Com-mission in terms of s.100(1) of the CPA
(2) An affidavit setting out the grounds for the review and the order sought from the Tribunal
(3) Proof of payment utilising Form TI.r35
(4) Form TI.r30A |
Five hundred rand (R500.00) |
The Commission |
On the Commission, a copy of Form TI.60(3) & 101 CPA and items (2) and (4) in column e |
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22. |
Section 70(3)(b) of the CPA |
Application for a consent order after dispute resolved by alternative dispute resolution agent |
n/a |
Form TI.138(1) |
(1) A signed copy of the agreement reached between the parties to the dispute resolution, formulated as an order of the Tribunal
(2) Proof of payment utilising Form TI.r35
(3) Form TI.r30A |
One hundred rand (R100.00) |
The parties to the consent agreement |
To all parties, a copy of Form TI.138(1) and item (1) and (3) in column e |
23. |
Section 102(3)(b) of the CPA |
Application by Commission for extension of time to retain book, document or other object for examina-tion |
Ten business days before expiration of the 2 month period con-templated in s.102(3)(b) |
Form TI.102(3)(b) CPA |
(1) A copy of the summons issued in terms of s.102(1) of the CPA
(2) A list of the Items sought to be retained
(3) an affidavit setting out the grounds upon which the extension of time is sought
(4) Form TI.r30A |
n/a |
The person to whom the summons in terms of s.102(1) of the CPA was issued and from whom the items were obtained |
On the person to set out in column g, a copy of Form TI.102(3)(b) CPA and all the documents described in column e |