National Credit Act, 2005 (Act No. 34 of 2005)
Chapter 7 : Dispute Settlement other than debt enforcement
Part C : Informal resolution or investigation of complaints

139. Investigation by National Credit Regulator

1)        Upon initiating or accepting a complaint in terms of section 136, the National Credit Regulator may-

a)        issue a notice of non-referral to the complainant in the prescribed form, if the complaint appears to be frivolous or vexatious, or does not allege any facts which, if true, would constitute grounds for a remedy under this Act;

b)        refer the complaint to-

i)          a debt counsellor, if the matter appears to concern either reckless credit or possible over-indebtedness of the consumer; or

ii)         the ombud with jurisdiction, consumer court or an alternative dispute resolution agent for the purposes of assisting the parties to resolve the dispute in terms of section 134; or

c)        direct an inspector to investigate the complaint as quickly as practicable, in any other case.

2)        At any time during an investigation, the National Credit Regulator may designate one or more persons to assist the inspector conducting the investigation contemplated in subsection (1).

3)        At any time during an investigation, the National Credit Regulator may summon any person who is believed to be able to furnish any information on the subject of the investigation, or to have possession or control of any book, document or other object that has a bearing on that subject-

a)        to appear before the National Credit Regulator to be interrogated; or

b)        to deliver or produce to the National Credit Regulator such book, document or other object,

at a time and place specified in the summons.

4)        A person questioned by an inspector conducting an investigation must answer each question truthfully and to the best of that person's ability, but-

a)        the person is not obliged to answer any question if the answer is self-incriminating; and

b)        the inspector questioning such a person must inform that person of the right set out in paragraph (a).

5)        No self-incriminating answer given or statement made by any person to an inspector exercising any power in terms of this section is admissible as evidence against the person who gave the answer or made the statement in criminal proceedings in any court, except in criminal proceedings for perjury or in which that person is tried for an offence contemplated in section 159, and then only to the extent that the answer or statement is relevant to prove the offence charged.

140. Outcome of complaint

1)        After completing an investigation into a complaint, the National Credit Regulator may-

a)        issue a notice of non-referral to the complainant in the prescribed form;

b)        make a referral in accordance with subsection (2), if the National Credit Regulator believes that a person has engaged in prohibited conduct;

c)        make an application to the Tribunal if the complaint concerns a matter that the Tribunal may consider on application in terms of any provision of this Act; or

d)        refer the matter to the National Prosecuting Authority, if the complaint concerns an offence in terms of this Act.

2)        In the circumstances contemplated in subsection (1)(b), the National Credit Regulator may refer the matter-

a)        to the consumer court of the province in which the consumer resides, or the consumer court of the province in which the credit provider has its principal place of business in the Republic, if there is a consumer court in such a province and if the National Credit Regulator believes that the issues raised by the complaint can be dealt with expeditiously and fully by such a referral; or

b)        to the Tribunal.

3)        If, in respect of a matter contemplated in subsection (2), there is no consumer court within either applicable province, the National Credit Regulator may refer the matter to either-

a)        a consumer court in another province, if the balance of convenience or interests of justice so permit; or

b)        the Tribunal.

4)        If the National Credit Regulator refers a matter to a consumer court in terms of subsection (2) or (3)(a), any party to that referral may apply to the Tribunal, in the prescribed manner and form and within the prescribed time, for an order that the matter be referred to-

a)        a different consumer court, or

b)        the Tribunal.

5)        If an application has been made to the Tribunal-

a)        in terms of subsection (4)(a), the Tribunal may order that the matter be referred to a different consumer court, if the balance of convenience or interests of justice so require;

b)        in terms of subsection (4)(b), the Tribunal may order that the matter be referred to it instead of the consumer court if the balance of convenience or interests of justice so require.

6)        A consumer court hearing a matter referred to in this section-

a)        must conduct its proceedings in a manner consistent with the requirements of Part D of this Chapter; and

b)        may make any order that the Tribunal could have made in terms of this Act after hearing that matter.

7)        An order of a consumer court made after hearing a matter referred to in terms of this section has the same force and effect as if it had been made by the Tribunal.

141. Referral to Tribunal

1)        If the National Credit Regulator issues a notice of non-referral in response to a complaint other than a complaint concerning section 61 or an offence in terms of this Act, the complainant concerned may refer the matter directly to-

a)        the consumer court of the province within which the complainant resides, or in which the respondent has its principal place of business in the Republic, subject to the provincial legislation governing the operation of that consumer court; or

b)        the Tribunal, with the leave of the Tribunal.

2)        If a matter is referred directly to a consumer court in terms of subsection (1)-

a)        the respondent may apply to the Tribunal, in the prescribed manner and form and within the prescribed time, for an order that the matter be referred to-

i)          a different consumer court; or

ii)         the Tribunal;

b)        the provisions of section 140(6) and (7), read with the changes required by the context, apply to an application made in terms of paragraph (a); and

c)        if the matters remains referred to a consumer court, the provisions of Parts D and E of this Chapter, each read with the changes required by the context, apply to the hearing of the matter by the consumer court.

3)        A referral to the Tribunal, whether by the National Credit Regulator in terms of section 140(1) or by a complainant in terms of subsection (1), must be in the prescribed form.

4)        The Tribunal must conduct a hearing into any matter referred to it under this Chapter, in accordance with the requirements of this Act.