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 2Part 2B : Complaint referrals (matters originating as complaints to the Commission) in terms of the CPA |
Table 2 |
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Part 2B : Complaint referrals (matter originating as complaints to the Commission) 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 |
|
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 |
30. |
Section 73(2)(b) of the CPA |
Referral of complaint by Commission after conclusion of investiga-tion |
Within 3 years as set out in section 116 of the CPA |
Form TI.73(2)(b) CPA |
(1) The completed form TI.73(2)(b) CPA
(2) The com-plainant's completed complaint (Annexure E of the CPA Regulations) with all the documents that were included in the complaint initiation
(3) The Com-mission's report on its investiga-tion into the matter with all relevant information and conclusions
(4) Form TI.r30A |
n/a |
(1) The complainant
(2) The entity or person complained about and all other parties that will be affected by the order or relief south in terms of Form TI.73(2)(b) |
(1) To the com-plainant, a copy of Form TI.732(2)(b) CPA and Form TI.r30A.
(2) To the entity or person complained about and all other parties, copies of Form TI.732(2)(b) and all the documents listed in column e |
31. |
Section 73(3) of the CPA |
Application by any party to a referral by Commission of matter to consumer court for order that matter be referred to the Tribunal |
Within 20 business days of matter being referred to Consumer Court of within longer time permitted by the Tribunal |
Form TI.73(3) & 75(1)(b) & (2) CPA |
(1) The com-plainant' s completed complaint (Annexure E of the CPA Regulations) with all the documents that were included in the complaint initiation
(2) The Com-mission' s referral to the Consumer Court with all documents attached to that referral
(3) affidavit setting out grounds for leave to refer directly to the Tribunal
(4) Form TI.r30A |
n/a |
(1) The Commission
(2) The Consumer Court
(3) All other parties that will be affected by the order or relief sought in terms of Form TI. 73(3) & 75(1)(b) & (2) CPA |
(1) To the Commission and the Consumer Court, copies of Form TI.73 (3) & 75(1)(b) & (2) CPA and Form TI.r30A
(2) All other parties copies of form TI.73(3) & 75(1)(b) & (2) CPA and all documents listed in column e |
32. |
Section 75(1)(b) of the CPA |
Referral by com-plainant following the Com-mission's non-referral of a complaint other than on grounds contemplated in s.116 of the CPA, with application for leave to refer |
Within twenty business days of the date of the Notice of Non-Referral, or within a longer time permitted by the Tribunal |
Form TI.73(3) & 75(1)(b) & (2) CPA |
(1) The com-plainant's completed complaint (Annexure E of the CPA Regulations) with all the documents that were included in the complaint initiation
(2) The Com-mission's Notice of Non-Referral (Annexure G of the CPA Regulations)
(3) affidavit setting out grounds for leave to refer directly to the Tribunal
(4) Form TI.r30A |
n/a |
(1) The Commission
(2) The entity or person complained about and all parties that will be affected by the order or relief sought in terms of Form TI.73(3) & 75(1)(b) & (2) CPA |
(1) To the Commission copies of Form TI.73(3) & 75(1)(b) & (2) CPA
(2) To the entity or person complained about and all other parties, copies of form TI.73(3) & 75(1)(b) & (2), CPA and all documents listed in column e |
33. |
Section 75(2) of the CPA |
Application by Respondent for referral to the Tribunal in circum-stances where the Commission has issued a Notice of Non-Referral and the com-plainant has referred the matter directly to the Consumer Court, with application for leave to refer |
Within 20 business days of the date of the com-plainant's referral to the Consumer Court in terms of s.75(1)(a) of the CPA |
Form TI.73(3) & 75(1)(b) & (2) CPA |
(1) The com-plainant's referral to the consumer court, with all documents attached to that referral
(2) The Commission's Notice of Non-Referral
(3) Affidavit setting out grounds for leave to refer directly to the Tribunal
(4) Form TI.r30A |
n/a |
(1) The Commission
(2) The consumer court
(3) The com-plainant and all parties that will be affected by the order or relief sought in terms of Form TI.73(3) & 75(1)(b) & (2) CPA |
(1) To the Commission and the Consumer Court, copies of Form TI.73(3) & 75(1)(b) & (2) CPA
(2) To the com-plainant and all other parties, copies of Form TI.73(3) & 75(1)(b) & (2) CPA and all documents listed in column e |