National Credit Act, 2005 (Act No. 34 of 2005)

Chapter 7 : Dispute Settlement other than debt enforcement

Part B : Initiating complaints or applications

137. Initiating applications to Tribunal

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(1)The National Credit Regulator may apply to the Tribunal in the prescribed manner and form—
(a)[Subsection (1)(a) deleted by section 110 of Act No. 4 of 2013]
(b)to review the conduct of a sale of goods in terms of section 127 or the distribution of proceeds from such a sale;
(c)for leave to bring a complaint directly before the Tribunal; or
(d)for an order condoning late filing.

 

(1A)The National Credit Regulator must refer applications for debt intervention that qualifies in terms of this Act, to the Tribunal in the prescribed manner and form.

[Section 137(1A) inserted by section 22 of Notice No. 1081, GG 42649, dated 19 August 2019]

 

(2)A registrant, or applicant for registration, may file an application in terms of section 59 at any time within—
(a)20 business days after the National Credit Regulator makes the decision that is the subject of the application; or
(b)such longer time as the Tribunal may allow on good cause shown.

 

(3)A consumer or credit provider who has unsuccessfully attempted to resolve a dispute directly with the other party and through alternative dispute resolution in terms of section 134(4) may file an application contemplated in this Act at any time within—
(a)20 business days after the failure of the attempted alternative dispute resolution; or
(b)such longer time as the Tribunal may allow on good cause shown.

 

(4)The National Credit Regulator may intervene before the Tribunal in respect of any application contemplated in this section in which the National Credit Regulator is not already a party.