National Credit Act, 2005 (Act No. 34 of 2005)
Chapter 7 : Dispute Settlement other than debt enforcement
Part D : Tribunal consideration of complaints, applications and referrals

142. Hearings before Tribunal

1)        The Tribunal must conduct its hearings in public-

a)        in an inquisitorial manner;

b)        as expeditiously as possible;

c)        as informally as possible; and

d)        in accordance with the principles of natural justice.

2)        Despite subsection (1), the Tribunal member presiding at a hearing may exclude members of the public, or specific persons or categories of persons, from attending the proceedings-

a)        if evidence to be presented is confidential information, but only to the extent that the information cannot otherwise be protected;

b)        if the proper conduct of the hearing requires it; or

c)        for any other reason that would be justifiable in civil proceedings in a High court.

3)        The Chairperson of the Tribunal must assign any of the following matters to be heard by a single member of the Tribunal, sitting alone:

a)        Any application by a consumer or credit provider in terms of section 137(3);

b)        consent orders in terms of this Act;

c)        applications to permit late filing;

d)        review of requests for additional information, in terms of section 45(2);

e)        review of an order to cease engaging in an activity, in terms of section 54;

f)          applications for an order limiting consumer requests in terms of section 62, 65, 72, 110 or 113; or

g)        applications for an order concerning the remittance of proceeds of sale, in terms of section 127 or 131.

4)        At the conclusion of a hearing, the Tribunal must make any order permitted in the circumstances in terms of this Act and must issue written reasons for its decision.

5)        The Tribunal must provide the participants and members of the public reasonable access to the record of each hearing, subject to any ruling to protect confidential information made in terms of subsection (2)(a).

143. Right to participate in hearing

The following persons may participate in a hearing contemplated in this Part, in person or through a representative, and may put questions to witnesses and inspect any books, documents or items presented at the hearing:

a)        The National Credit Regulator;

b)        the applicant or complainant, and in the case of a complaint concerning an alleged contravention of section 61, the consumer or prospective consumer, if that person is not the complainant;

c)        the respondent; and

d)        any other person who has a material interest in the hearing, unless, in the opinion of the presiding member of the Tribunal, that interest is adequately represented by another participant.

144. Powers of member presiding at hearing

The member of the Tribunal presiding at a hearing may-

a)        direct or summon any person to appear at any specified time and place;

b)        question any person under oath or affirmation;

c)        summon or order any person-

i)          to produce any book, document or item necessary for the purposes of the hearing; or

ii)         to perform any other act in relation to this Act; and

d)        give directions prohibiting or restricting the publication of any evidence given to the Tribunal.

145. Rules of procedure

Subject to the rules of procedure of the Tribunal, the member of the Tribunal presiding at a hearing may determine any matter of procedure for that hearing, with due regard to the circumstances of the case and the requirements of the applicable sections of this Act.

146. Witnesses

1)        Every person giving evidence at a hearing of the Tribunal must answer any relevant question.

2)        The law regarding a witness’s privilege in a criminal case in a court of law applies equally to a person who provides information during a hearing.

3)        The Tribunal may order a person to answer any question or to produce any article or document, even if it is self-incriminating to do so.

4)        Section 139(5) applies to evidence given by a witness in terms of this section.

147. Costs

1)        Subject to subsection (2), each party participating in a hearing must bear its own costs.

2)        If the Tribunal-

a)        has not made a finding against a respondent, the member of the Tribunal presiding at a hearing may award costs to the respondent and against a complainant who referred the complaint in terms of section 141(1); or

b)        has made a finding against a respondent, the member of the Tribunal presiding at a hearing may award costs against the respondent and to a complainant who referred the complaint in terms of section 141(1).

148. Appeals and reviews

1)        A participant in a hearing before a single member of the Tribunal may appeal a decision by that member to a full panel of the Tribunal.

2)        Subject to the rules of the High Court, a participant in a hearing before a full panel of the Tribunal may-

a)        apply to the High Court to review the decision of the Tribunal in that matter; or

b)        appeal to the High Court against the decision of the Tribunal in that matter, other than a decision in terms of section 138.