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

Table 2

Part 1B : Applications directly to the Tribunal in terms of the CPA

Row No.

Column a

Column b

Column c

Column d

Column 3

Column f

Column g

Column h

Application type

Description

Limitation on time for submission

Forms to be used

Other documenta-tion to be included in application

Application fee

Parties to be notified

Documents to be served

18.

Section 60(3) of the CPA

Application by producer or importer to modify or set aside notice issued by Commission in terms of s60(2)

20 business days from date of notice issued by commission

TI.60(3) & 101 CPA

(1) copy of Notice issued by the Com-mission

Five hundred rand (R500.00)

The Commission

On the Commission, a copy of Form TI.60(3) & 101 CPA and items (2) and (4) in column e

(2) an affidavit setting out the grounds for the objection and the order sought from the Tribunal

(3) Proof of payment utilising Form TI.r35

(4) Form TI.r30A

19.

Section 80(5) of  the CPA (applicable when section 80 of the CPA commences on a date to be determined by the Minister

Application to review determina- tion of Registrar of Companies in terms of s.80(4) of the CPA relating to can-cellation of registered business name

n/a

Form TI.80(5) CPA

(1) A copy of the Notice issued in terms of s.80(4)(a) of the CPA, if available

(2) A copy of the sub-missions made to the Registrar of Companies in terms of s.80(4)(b)(i) or (ii) of the CPA, if available

(3) A copy of the Notice issued in terms of s.80(4)(b) of the CPA, with the Registrar of Companies' reasons if available

(4) An affidavit setting out the grounds for the review and the order sought from the Tribunal

(5) Proof of payment utilising Form TI.r35

(6) Form TI.r30A

Five hundred rand (R500.00)

(1) The Registrar of Companies

(2) If the applicant for review is someone other than the person to whom the business name is registered, then also to the person to whom the business name is registered

On the Registrar of Companies, and the person to whom the business name is registered (if applicable), a copy of Form TI.80(5) CPA and items (4) and (6) of column e

20.

Section 100(6)(a) of the CPA

Application by the Commission to impose an adminis-trative fine for failure to comply with Notice issued in terms of s.100(1) of the CPA

The application must be filed before receipt of an application in terms of s.101(1) to set aside the Notice

Form TI.100(6) CPA

(1) A copy of the Notice issued in terms of s.100(1) of the CPA

(1) Copies of documents or records in evidence of the prohibited conduct and of the failure or non-compliance

(3) Form TI.r30A

n/a

The person to whom the compliance notice was issued

The person to whom the compliance notice was issued, Form TI.100(6) CPA and all of the documents described in column e

21.

Section 101(1) of the CPA

Application to review notice issued by the Commission in terms of s.100(1) of the CPA

The application must be filed within 15 (fifteen) business days of receiving the notice, or later if the Tribunal permits

TI.60(3) & 101 CPA

(1) A copy of the notice issued by the Com-mission in terms of s.100(1) of the CPA

(2) An affidavit setting out the grounds for the review and the order sought from the Tribunal

(3) Proof of payment utilising Form TI.r35

(4) Form TI.r30A

Five hundred rand (R500.00)

The Commission

On the Commission, a copy of Form TI.60(3) & 101 CPA and items (2) and (4) in column e

22.

Section 70(3)(b) of the CPA

Application for a consent order after dispute resolved by alternative dispute resolution agent

n/a

Form TI.138(1)

(1) A signed copy of the agreement reached between the parties to the dispute resolution, formulated as an order of the Tribunal

(2) Proof of payment utilising Form TI.r35

(3) Form TI.r30A

One hundred rand (R100.00)

The parties to the consent agreement

To all parties, a copy of Form TI.138(1) and item (1) and (3) in column e

23.

Section 102(3)(b) of the CPA

Application by Commission for extension of time to retain book, document or other object for examina-tion

Ten business days before expiration of  the 2 month period con-templated in s.102(3)(b)

Form TI.102(3)(b) CPA

(1) A copy of the summons issued in terms of s.102(1) of the CPA

(2) A list of the Items sought to be retained

(3) an affidavit setting out the grounds upon which the extension of time is sought

(4) Form TI.r30A

n/a

The person to whom the summons in terms of s.102(1) of the CPA was issued and from whom the items were obtained

On the person to set out in column g, a copy of Form TI.102(3)(b) CPA and all the documents described in column e