National Consumer Tribunal Annual Report 2011/12 National Consumer Tribunal 2011-12 | Page 36

Adjudication (continued)
Review of a decision of the Regulator (Section 59(1) of the NCA)
Any person who is affected by a decision of the Regulator may apply to the Tribunal to review the
decision of the Regulator. The Tribunal may confirm the decision or set it aside in whole or in part.
Compel production of a statement (Section 114(1) of the NCA)
A credit provider is obliged to provide a consumer with a statement of account. If the requested
information relates to a period of a year or less, the credit provider should provide the statement
within 10 business days. If the information required relates to a period of more than a year, the
statement must be provided within 20 business days. If the credit provider fails to provide the
statement within the prescribed number of business days, a consumer may apply to the Tribunal
to compel production of the statement. The Tribunal may order the credit provider to provide the
statement or may determine the amounts in relation to which the statement is sought.
Permission to file documents late (Rule 34(1)(a) of the Tribunal Rules)
If any party has not been able to file documents on time, or for some reason cannot comply with
the Tribunal’s Rules, it can apply to the Tribunal to be allowed to file the documents late or to
condone any other departure from the Rules.
Default order application (Rule 25(2) of the Tribunal Rules)
If a respondent does not comply with the Rules of the Tribunal and file its answer to an application
within the prescribed days, an applicant may request a default order from the Tribunal. The
Tribunal will then consider the application of the applicant in the absence of a response from the
respondent and make an order in relation to the applicant’s application.
The impact of adjudication
The broader impact of the increase in the number of cases being handled by the Tribunal is
the increasing redress that consumers enjoy in respect of credit-related matters. This in turn
means that resources are freed into the economy, thereby enabling the economy to grow further.
Furthermore, cases that have been dealt with by the Tribunal in respect of prohibited conduct have
resulted in the Tribunal establishing standards that are applicable throughout the credit industry.
For example, a case that deals with deregistration of a debt counsellor creates a precedent by
which other debt counsellors can measure their conduct and performance. In this respect, it is
worthwhile noting that decisions of the Tribunal have the same status as that of the High Court of
South Africa. The implications of such decisions are that they are enforceable in the same manner
as those of the High Court.
The NCA directs in section 142 that the hearings of the Tribunal must be public, inquisitorial,
expeditious, informal and in accordance with the principles of natural justice. The Tribunal strives
to fulfil its mandate and has issued various decisions that clarified provisions of the NCA and set
precedent.
The Tribunal has interpreted its jurisdiction in relation to the types of matters (Global Pact 417
(Pty) Ltd and 6 others v Mercedes Benz 2 ) that it can adjudicate on, that it cannot adjudicate
contractual disputes, as well as its lack of jurisdiction in relation to matters already pending before
2
NCT/40/2009/149(1)(P), NCT/41/2009/149(1)(P), NCT/42/2009/149(1)(P), NCT/43/2009/149(1)(P),
NCT/44/2009/149(1)(P), NCT/49/2009/149(1)(P), NCT/60/2009/149(1)(P).
Annual Report 2011
page 34 | national consumer tribunal