Criteria for registration as an alternative dispute resolution agent
| (1) |
A person who applies for registration as an alternative dispute resolution agent in terms of section 134A of the Act must submit to the National Credit Regulator:— |
| (a) |
a completed application in Form 47; |
| (b) |
the applicable registration fee as set out in the schedule; and |
| (c) |
any additional information required in the application form. |
| (2) |
An application for registration as an alternative dispute resolution agent must contain:— |
| (a) |
an overview of an applicant's capabilities and background in providing alternative dispute resolution services including, a description of the applicant's track record in handling the clerical aspects of expedited alternative dispute resolution proceedings, if any; |
| (b) |
a list of names and qualifications of personnel providing alternative dispute resolution services, whom the applicant for alternative dispute resolution services proposes to include on its list of adjudicators; |
| (c) |
a description of the screening requirements the applicant for alternative dispute resolution services has used in selecting adjudicators to be included on its list; and |
| (d) |
an indication whether it intends to make exclusive use of adjudicators who are residents or citizens of the Republic of South Africa; |
| (e) |
a description of training and educational measures the applicant for alternative dispute resolution services proposes to employ for listed adjudicators with respect to credit related disputes; |
| (f) |
a commitment by the National Credit Regulator not to prevent or discourage any of its adjudicators from serving as adjudicators for other providers; |
| (g) |
a proposed schedule for the alternative dispute resolution services , its programme for administering disputes under these Regulations including, a statement regarding the administrative capacity to manage disputes on a monthly basis. |
| (3) |
To be accredited as an alternative dispute resolution agent, an applicant must— |
| (a) |
have a track record and a detailed plan for providing alternative dispute resolution services; |
| (b) |
propose a list of at least five (5) highly qualified neutral persons from the public and private sectors that are experts in consumer law, credit law, commercial law, cultural, religious and personal rights who have agreed to serve as adjudicators; |
| (c) |
show how it shall ensure that the listed adjudicators are trained concerning these Regulations; |
| (d) |
state whether it intends to make exclusive use of adjudicators who are citizens or residents of the Republic of South Africa; |
| (e) |
indicate a familiarity with international and foreign jurisdictions accredited dispute resolution mechanisms and processes and indicate its plan to provide an international benchmark for a process that is unique to the Republic of South Africa; |
| (f) |
have a statement of any requested limitations on the number of disputes the alternative dispute resolution agent handles, either during a start-up period or on a permanent basis; |
| (g) |
have a description of how the alternative dispute resolution agent proposes to administer disputes including, its interactions with parties to the dispute, the National Credit Regulator, and other approved providers; a description of how the alternative dispute resolution agent intends to publish decisions of adjudicators in disputes it administers and a commitment to provide the National Credit Regulator with copies of all decisions of adjudicators not published. |
| (h) |
demonstrate in its plan that the National Credit Regulator understands these Regulations; and |
| (i) |
show that both the alternative dispute resolution agent and its panel of adjudicators are representative of women, disabled and historically disadvantaged individuals where such representativeness is assessed in terms of the Codes of Good Practice for Broad Based Black Economic Empowerment, as such Codes may be amended from time to time. |
[Regulation 10B inserted by Notice No. R202, GG 38557 dated 13 March2015]
Special Investigating Units and Special Tribunals Act, 1996
