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

Chapter 7 : Dispute Settlement other than debt enforcement

Part E : Tribunal orders

152. Status and enforcement of orders

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(1)Any decision, judgment or order of the Tribunal may be served, executed and enforced as if it were an order of the High Court, and is binding on—
(a)the National Credit Regulator, or the National Consumer Commission, in the case of a matter arising in terms of the Consumer Protection Act, 2008;

[Subsection (1)(a) substituted by item A11(a) of Schedule 1 of Act No. 68 of 2008]

(b)provincial credit regulators, or provincial consumer protection authority, in the case of a matter arising in terms of the Consumer Protection Act, 2008;

[Subsection (1)(b) substituted by item A11(b) of Schedule 1 of Act No. 68 of 2008]

(c)a consumer court;
(d)an alternative dispute resolution agent or the ombud with jurisdiction, or, in the case of a matter arising in terms of the Consumer Protection Act, 2008, an alternative dispute resolution agent as defined in that Act;

[Subsection (1)(d) substituted by item A11(c) of Schedule 1 of Act No. 68 of 2008]

(e)a debt counsellor;

[Section 152(1)(e) deleted by section 24(a) of Notice No. 1081, GG 42649, dated 19 August 2019]

(eA)a credit provider;

[Section 152(1)(eA) inserted by section 24(b) of Notice No. 1081, GG 42649, dated 19 August 2019]

(eB)a consumer; and

[Section 152(1)(eB) inserted by section 24(b) of Notice No. 1081, GG 42649, dated 19 August 2019]

(f)a Magistrate's Court.

 

(2)The National Credit Regulator, or the National Consumer Commission, in the case of a matter arising in terms of the Consumer Protection Act, 2008, may institute proceedings in the High Court on its own behalf for recovery of an administrative fine imposed by the Tribunal.

[Subsection (2) substituted by item A11(d) of Schedule 1 of Act No. 68 of 2008]

 

(3)A proceeding under subsection (2) may not be initiated more than three years after the imposition of the administrative fine.