National Credit Act, 2005 (Act No. 34 of 2005)
Chapter 2 : Consumer Credit Institutions
Part B : National Consumer Tribunal

26. Establishment and constitution of Tribunal

1)        There is hereby established a body to be known as the National Consumer Tribunal, which-

a)        has jurisdiction throughout the Republic;

b)        is a juristic person;

c)        is a tribunal of record; and

d)        must exercise its functions in accordance with this Act or any other applicable

 

2)        The Tribunal consists of a Chairperson and not less than 10 other women or men appointed by the President, on a full or part-time basis.

 

3)        The President must-

a)        appoint the Chairperson and other members of the Tribunal no later than the date on which this Act comes into operation; and

b)        appoint a person to fill any vacancy on the Tribunal.

 

4)        Sections 20 and 21, each read with the changes required by the context, apply to the Tribunal and each of its members.

27. Functions of Tribunal

The Tribunal or a member of the Tribunal acting alone in accordance with this Act may-

a)        adjudicate in relation to any-

i)          application that may be made to it in terms of this Act, and make any order provided for in this Act in respect of such an application; or

ii)         allegations of prohibited conduct by determining whether prohibited conduct has occurred and, if so, by imposing a remedy provided for in this Act;

b)        grant an order for costs in terms of section 147; and

c)        exercise any other power conferred on it by law.

28. Qualifications of members of Tribunal

1)        The members of the Tribunal, viewed collectively-

a)        must represent a broad cross-section of the population of the Republic; and

b)        must comprise sufficient persons with legal training and experience to satisfy the requirements of section 31(2)(a).

 

2)        Each member of the Tribunal must-

a)        be a citizen of South Africa, who is ordinarily resident in the Republic;

b)        have suitable qualifications and experience in economics, law, commerce, industry or consumer affairs; and

c)        be committed to the purposes of this Act.

29. Term of office of members of Tribunal

1)        Each member of the Tribunal serves for a term of five years.

 

2)        The Resident may re-appoint a member of the Tribunal at the expiry of that member's term of office, but no person may be appointed to the office of the Chairperson of the Tribunal for more than two consecutive terms.

 

3)        The Chairperson, on one month written notice addressed to the Minister, may-

a)        resign from the Tribunal; or

b)        resign as Chairperson, but remain as a member of the Tribunal.

 

4)        A member of the Tribunal other than the Chairperson may resign by giving at least one month written notice to the Minister.

 

5)        The President, on the recommendation of the Minister-

a)        must remove the Chairperson or any other member of the Tribunal from office if that person becomes subject to any of the disqualifications referred to in section 20(2); and

b)        other than as provided for in paragraph (a), may remove the Chairperson or a member from office only for-

i)          serious misconduct;

ii)         permanent incapacity; or

iii)        engaging in any activity that may undermine the integrity of the Tribunal

30. Deputy Chairperson of Tribunal

1)        The President must designate a member of the Tribunal as Deputy Chairperson of the Tribunal.

 

2)        The Deputy Chairperson performs the functions of Chairperson whenever-

a)        the office of Chairperson is vacant; or

b)        the Chairperson is for any other reason temporarily unable to perform those functions.

31. Tribunal proceedings

1)        The Chairperson is responsible to manage the caseload of the Tribunal, and must assign each matter referred to the Tribunal to-

a)        a member of the Tribunal, to the extent that this Act provides for a matter to be considered by a single member of the Tribunal; or

b)        a panel composed of any three members of the Tribunal, in any other case.

 

2)        When assigning a matter to a panel in terms of subsection (1)(b), the Chairperson must-

a)        ensure that at least one member of the panel is a person who has suitable legal qualifications and experience; and

b)        designate a member of the panel to preside over the panel’s proceedings.

 

3)        If, because of resignation, illness, death, or withdrawal from a hearing in terms of section 29, a member of the panel is unable to complete the proceedings in a matter assigned to that panel, the Chairperson must-

a)        direct that the hearing of that matter proceed before the remaining members of the panel, subject to the requirements of subsection (2)(a); or

b)        terminate the proceedings before that panel and constitute another panel, which may include any member of the original panel, and direct that panel to conduct a new hearing.

 

4)        The decision of a panel on a matter referred to it must be in writing and include reasons for that decision.

 

5)        A decision of a single member of the Tribunal hearing a matter as contemplated in subsection (1)(a), or of a majority of the members of a panel in any other case, is the decision of the Tribunal.

32. Conflicts and disclosure of interest

1)        A member of the Tribunal may not represent any person before the Tribunal.

 

2)        If, during a hearing in which a member of the Tribunal is participating, it appears to that member that the matter concerns a financial or other interest of that member contemplated in section 20(2)(b), that member must-

a)        immediately and fully disclose the fact and nature of that interest to the Chairperson and to the presiding member at that hearing; and

b)        withdraw from any further involvement in that hearing.

33. Acting by member of Tribunal after expiry of term of office

If, on the expiry of the term of office of a member of the Tribunal, that member is still considering a matter before the Tribunal, that member may continue to act as a member in respect of that matter only.

34. Remuneration and benefits

During the term of office of a member of the Tribunal, the member’s salary, allowances or benefits may not be reduced.

Debt Counsellors

Marsia Kuypers

Tel: 082 396 2568

Fax: 086 556 3328

Area: Pretoria

Jan-Viljoen Coetzee

Tel: 084 549 1755

Fax: 086 621 9193

Area: Nina Park

Valerie Nakale

Tel: 018 381 8768

Fax: 018 381 8604

Area: Mafikeng

Dean Morris

Tel: 083 645 4094

Fax: 031 763 4363

Area: La Lucia

Joana Vivier

Tel: 053 832 6229

Fax: 086 543 4640

Area: Kimberley

Jacques Jooste

Tel: 011 794 7555

Fax: 011 794 9965

Area: Johannesburg

Marlene Stein

Tel: 012 667 4177

Fax: 086 527 2203

Area: Irene

Heidi Naude

Tel: 044 873 0281

Fax: 086 512 5012

Area: George

Herbert Theron

Tel: 011 472 0088

Fax: 086 655 6730

Area: Florida

Isabe Landman

Tel: 041 933 1189

Fax: 086 591 2676

Area: Despatch

Andiswa Tinto

Tel: 021 431 9134

Fax: 086 523 7084

Area: Cape Town

Jaco Janse Van Rensburg

Tel: 082 568 4969

Fax: 086 645 0389

Area: Barberton

Monique Snyders

Tel: 032 946 3024

Fax: 086 588 4605

Area: Ballito

Christopher Beukes

Tel: 084 2577599

Fax: 021 637 5023

Area: Athlone

Lydia Kinnear

Tel: 082 824 6338

Fax: 086 537 5976

Area: Annlin

Anlizette Schuurman

Tel: 031 903 3840

Fax: 031 701 5570

Area: Amanzimtoti

Kelebogile Mooketsi

Tel: 082 299 3430

Fax: 086 695 3280

Area: Amandasig

Annerie Marais

Tel: 083 703 0486

Fax: 045 838 6572

Area: Aliwall North

Rerandzo Mokgwatlheng

Tel: 082 430 6329

Fax: 011 805 8348

Area: Alexandra Township

Daniel Lezar

Tel: 011 907 1022

Fax: 011 907 1490

Area: Alberton