National Credit Act, 2005 (Act No. 34 of 2005)Chapter 7 : Dispute Settlement other than debt enforcementPart C : Informal resolution or investigation of complaints140. Outcome of complaint |
| (1) | After completing an investigation into a complaint, the National Credit Regulator may— |
| (a) | issue a notice of non-referral to the complainant in the prescribed form; |
| (b) | make a referral in accordance with subsection (2), if the National Credit Regulator believes that a person has engaged in prohibited conduct; |
| (c) | make an application to the Tribunal if the complaint concerns a matter that the Tribunal may consider on application in terms of any provision of this Act; or |
| (d) | refer the matter to the National Prosecuting Authority, if the complaint concerns an offence in terms of this Act. |
| (2) | In the circumstances contemplated in subsection (1)(b), the National Credit Regulator may refer the matter— |
| (a) | to the consumer court of the province in which the consumer resides, or the consumer court of the province in which the credit provider has its principal place of business in the Republic, if there is a consumer court in such a province and if the National Credit Regulator believes that the issues raised by the complaint can be dealt with expeditiously and fully by such a referral; or |
| (b) | to the Tribunal. |
| (3) | If, in respect of a matter contemplated in subsection (2), there is no consumer court within either applicable province, the National Credit Regulator may refer the matter to either— |
| (a) | a consumer court in another province, if the balance of convenience or interests of justice so permit; or |
| (b) | the Tribunal. |
| (4) | If the National Credit Regulator refers a matter to a consumer court in terms of subsection (2) or (3)(a), any party to that referral may apply to the Tribunal, in the prescribed manner and form and within the prescribed time, for an order that the matter be referred to— |
| (a) | a different consumer court, or |
| (b) | the Tribunal. |
| (5) | If an application has been made to the Tribunal— |
| (a) | in terms of subsection (4)(a), the Tribunal may order that the matter be referred to a different consumer court, if the balance of convenience or interests of justice so require; |
| (b) | in terms of subsection (4)(b), the Tribunal may order that the matter be referred to it instead of the consumer court if the balance of convenience or interests of justice so require. |
| (6) | A consumer court hearing a matter referred to in this section— |
| (a) | must conduct its proceedings in a manner consistent with the requirements of Part D of this Chapter; and |
| (b) | may make any order that the Tribunal could have made in terms of this Act after hearing that matter. |
| (7) | An order of a consumer court made after hearing a matter referred to in terms of this section has the same force and effect as if it had been made by the Tribunal. |