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

Table 2

Part 5 : Procedural matters

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

37.

Rule 11

Notice by the Regulator of intention to intervene in a s.137(3) application

At any time before the conclusion of the hearing of the s.137(3) application

Form TI.r11

Form TI.r30A

n/a

The parties to the principal matter pending before the Tribunal

To all parties mentioned in column g, copies of Form TI.r11 and Form TI.r30A

38.

Rule 12

Application to intervene in a matter before the Tribunal

At least 5 business days before the hearing of the principle matter

Form TI.r12

(1) Proof of payment utilising Form TI.r35

(2) Form TI.r30A

One hundred rand (R100.00)

The parties to the principal matter pending before the Tribunal

To all parties mentioned in column g, copies of Form TI.r12 and all documents listed in column e

39.

Rule 15

Notice of application to amend pleading or document filed in the proceedings

At any time prior to the conclusion of the hearing

Form TI.r15

n/a

n/a

All parties to the proceedings

On all parties to the proceedings a copy of Form TI.r15(1) together with the documents attached thereto

40.

Section 140(4) or 141(2)(a)

Application for a matter, referred by the Regulator to a consumer court or to the Tribunal, to be referred to a different consumer court or to the Tribunal

Within 20 business days of the date of notification that the matter has been referred to the original forum, but no less than 10 business days before the matter set down to be heard in the original forum.

Form NCR 33

(1) an affidavit in support of the application, showing why the alternative forum—

(a) would better serve the interests of justice; or

(b) would on a balance of interests be more convenient to the parties to the matter

(2) Form TI.r30A

One hundred rand (R100.00)

(1) The consumer court to which the matter was referred.

(2) the other parties to the matter

To all parties,a copy of Form NCR 33 and the affidavit mentioned in column e and Form TI.r30A

41.

Section 137(1)(3)

Application by the Regulator to condone late filing

n/a

Form NCR 30

(1) An affidavit stating reasons for late filing and why late filing should be condoned

(2) Form TI.r30A

n/a

The other parties to the matter

To all parties, a copy of form NCR 30 and the affidavit described in column e

42.

Rule 34

Application to condone non-compliance with the Tribunal's rules and procedures

n/a

Form TI.r34

(1) Form TI.r30A

(2) An affidavit stating reasons for late filing and why late filing should be condoned

n/a

The other parties to the matter

To all parties, a copy of Form TI.r34 and the affidavit described in column e

43.

Rule 30

Application for an order of substituted service

If the order is required in respect of a respondent in the principal matter, application must be filed concurrently with the application in the principal matter, or, in other circum-stances, at a time permitted by the Tribunal

Form TI.r30

(1) Docu-mentary proof of attempts and failure to serve in accordance with rules

(2) The documents constituting the Application which is sought to be served by the order of substituted service

n/a

n/a

n/a

44.

Section 149(3)

Application for extension of interim order

At any time before the conclusion of the hearing of the complaint referral but within 5 months of the granting of the interim order

Form TI.149(1)

A copy of the interim order

n/a

(1) The Regulator

(2) The respondent or prospective respondent in the complaint (i.e. the entity or person complained about)

To all parties, a copy of Form TI.149(1)

45.

Section 114(3) of the CPA

Application for extension of interim order

At any time before the conclusion of the hearing of the complaint referral but within 5 months of the granting of the interim order

Form TI.149(1)

A copy of the interim order

n/a

(1) The Commission

(2) The Respondent in the pending complaint referral

To all parties, a copy of Form TI.149(1)

46.

Rule 4A

Application for leave to institute pro-ceedings provided for in the CPA on behalf of persons or on grounds as set out in Section 4(1), (c) or (d) of the CPA.

n/a

Form TI.r4A

(1) Copy of the draft documents constituting the pro-ceedings for which leave is being sought to institute (the Principal pro-ceedings)

(2) Detailed affidavit setting out grounds for leave to institute the Principal pro-ceedings

(3) Form TI.r30A

n/a

(1) The Commission

(2) The envisaged Respondent in the Principal Proceedings

To all parties, a copy of Form TI.r4A and the documents in column e

47.

Rule 25(2)

Application for Default order after party failed to deliver response within requisite time period

At any time after expiry of the time period within which the party was required to deliver a response

TI.r25(2)

n/a

n/a

n/a