National Credit Act, 2005 (Act No. 34 of 2005)
Chapter 7 : Dispute Settlement other than debt enforcement
Part E : Tribunal orders

149. Interim relief

1)        At any time, whether or not a hearing has commenced into a complaint, a complainant may apply to the Tribunal for an interim order in respect of that complaint, and the Tribunal may grant such an order if-

a)        there is evidence that the allegations may be true; and

b)        an interim order is reasonably necessary to-

i)          prevent serious, irreparable damage to that person; or

ii)         prevent the purposes of this Act from being frustrated;

c)        the respondent has been given a reasonable opportunity to be heard, having regard to the urgency of the proceedings; and

d)        the balance of convenience favours the granting of the order.

2)        An interim order in terms of this section must not extend beyond the earlier of-

a)        the conclusion of a hearing into the complaint; or

b)        the date that is six months after the date of issue of the interim order.

3)        If an interim order has been granted, and a hearing into that matter has not been concluded within six months after the date of that order, the Tribunal, on good cause shown, may extend the interim order for a further period not exceeding six months.

150. Orders of Tribunal

1)        In addition to its other powers in terms of this Act, the Tribunal may make an appropriate order in relation to prohibited conduct or required conduct in terms of this Act, including-

a)        declaring conduct to be prohibited in terms of this Act;

b)        interdicting any prohibited conduct;

c)        imposing an administrative fine in terms of section 151, with or without the addition of any other order in terms of this section;

d)        confirming a consent agreement in terms of this Act as an order of the Tribunal;

e)        condoning any non-compliance of its rules and procedures on good cause shown;

f)          confirming an order against an unregistered person to cease engaging in any activity that is required to be registered in terms of this Act;

g)        suspending or cancelling the registrant’s registration, subject to section 57(2) and (3);

h)        requiring repayment to the consumer of any excess amount charged, together with interest at the rate set out in the agreement; or

i)          any other appropriate order required to give effect to a right, as contemplated in this Act.

151. Administrative fines

1)        The Tribunal may impose an administrative fine only in the circumstances expressly provided for in this Act.

2)        An administrative fine imposed in terms of this Act may not exceed the greater of-

a)        10 per cent of the respondent’s annual turnover during the preceding financial year; or

b)        R1 000 000.

3)        When determining an appropriate fine, the Tribunal must consider the following factors:

a)        The nature, duration, gravity and extent of the contravention;

b)        any loss or damage suffered as a result of the contravention;

c)        the behaviour of the respondent;

d)        the market circumstances in which the contravention took place;

e)        the level of profit derived from the contravention;

f)          the degree to which the respondent has co-operated with the National Credit Regulator and the Tribunal; and

g)        whether the respondent has previously been found in contravention of this Act.

4)        For the purpose of this section, the annual turnover of-

a)        a credit provider at the time an administrative fine is assessed, is the total income of that credit provider during the immediately preceding year under all credit agreements to which this Act applies, less the amount of that income that represents the repayment of principal debt under those credit agreements;

or

b)        any other person, is the amount determined in the prescribed manner.

5)        A fine payable in terms of this section must be paid into the National Revenue Fund referred to in section 213 of the Constitution.

152. Status and enforcement of orders

1)        Any decision, judgment or order of the Tribunal may be served, executed and enforced as if it were an order of the High Court, and is binding on-

a)        the National Credit Regulator;

b)        provincial credit regulators;

c)        a consumer court;

d)        an alternative dispute resolution agent or the ombud with jurisdiction;

e)        a debt counsellor; and

f)          a Magistrate's Court.

2)        The National Credit Regulator may institute proceedings in the High Court on its own behalf for recovery of an administrative fine imposed by the Tribunal.

3)        A proceeding under subsection (2) may not be initiated more than three years after the imposition of the administrative fine.