National Consumer Tribunal Annual Report 2011/12 National Consumer Tribunal 2011-12 | Page 22
Adjudication
Tribunal members
During the year under review, members of the Tribunal have continued to serve the Tribunal
with distinction. Perusal of their curriculum vitae will attest to the wide range of experience and
qualifications which they bring to the adjudication of cases, and which has played a seminal role
in the rooting and growth of the Tribunal’s reputation. As their first term of office draws to a close
in September 2011, the members of the Tribunal can be justifiably proud of their involvement in
establishing and nurturing a solid body of precedent-setting judgments and interpretations of the
NCA, thereby adding value to both the Tribunal and the regulation of the credit environment in
South Africa. During this first period of office, the bonds between the members of the team have
strengthened as they have supported one another in their quest to provide consistent and fair
adjudication of the diversity of cases.
Members of the Tribunal fulfil the adjudicative functions at the Tribunal on a part-time basis. While
the Chairperson is appointed on a part-time basis, she is the Accounting Authority for the Tribunal
and sets and oversees the strategy for the Tribunal. As a Tribunal member, she also fulfils an
adjudicative function and is responsible for the management of the adjudication of cases. Tribunal
members are remunerated on the basis of a daily fee set in consultation between the Department
of Trade and Industry and National Treasury.
Tribunal members are appointed by the President of South Africa, on recommendation from
the Minister of Trade and Industry. In 2006, 15 part-time Tribunal members and a part-time
Chairperson were appointed to the Tribunal for a five-year term. The members are serving the
final year of their first term of office which will come to an end in September 2011. Tribunal
members may be appointed for a number of subsequent terms, but the Chairperson may serve
for a maximum of two terms as Chairperson.
During the year, Professor Bill Haslam resigned as a Tribunal member. At the end of the reporting
period, the Tribunal had eleven members, including the chairperson. This is the minimum number
in terms of which the Tribunal can operate under the NCA.
In the event of the Chairperson being unavailable, the NCA provides for the Deputy Chairperson
to step in and take over the functions of the Chairperson. The Chairperson thus works closely with
the Deputy Chairperson to ensure a smooth transition should such an eventuality arise.
The names of the Tribunal members are as follows:
Ms Diane Terblanche - Chairperson of the Tribunal
Prof Bonke Dumisa - Deputy-chairperson of the Tribunal
Ms Laur a Best - Member
Ms Penelope Paxton-Beck - Member
Judge HCJ Flemming - Member
Mr Xolela May - Member
Adv Frans (Fati) Manamela - Member
Ms Yasmin Carrim - Member
Ms Neo Sephoti - Member
Mr Mashudu Munyai - Member
Prof Tanya Woker - Member
The Tribunal members played a pivotal role in the adjudication of cases. The Chairperson is
responsible for allocating a panel of three members or a single member to a case, depending
on the type of case before the Tribunal. Besides fulfilling the adjudicative role, some of the
Annual Report 2011
page 20 | national consumer tribunal