National Credit Act, 2005 (Act No. 34 of 2005)Chapter 7 : Dispute Settlement other than debt enforcementPart E : Tribunal orders149. Interim relief |
(1) | At any time, whether or not a hearing has commenced into a complaint, a complainant may apply to the Tribunal for an interim order in respect of that complaint, and the Tribunal may grant such an order if— |
(a) | there is evidence that the allegations may be true; and |
(b) | an interim order is reasonably necessary to— |
(i) | prevent serious, irreparable damage to that person; or |
(ii) | prevent the purposes of this Act from being frustrated; |
(c) | the respondent has been given a reasonable opportunity to be heard, having regard to the urgency of the proceedings; and |
(d) | the balance of convenience favours the granting of the order. |
(2) | An interim order in terms of this section must not extend beyond the earlier of— |
(a) | the conclusion of a hearing into the complaint; or |
(b) | the date that is six months after the date of issue of the interim order. |
(3) | If an interim order has been granted, and a hearing into that matter has not been concluded within six months after the date of that order, the Tribunal, on good cause shown, may extend the interim order for a further period not exceeding six months. |