National Consumer Tribunal Annual Report 2011/12 National Consumer Tribunal 2011-12 | Page 7

The National Consumer Tribunal
The National Consumer Tribunal was established in terms of the National
Credit Act 34 of 2005 (the NCA).
In September 2006, fi fteen members of the Tribunal and a Chairperson
were appointed by the President, thus formally establishing the National
Consumer Tribunal. As at 31 March 2011, the Tribunal consisted of
eleven part-time members, including the Chairperson.
The Tribunal’s core activities revolve around the following:
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Governance and strategic oversight of operations by the
Chairperson;
Adjudication of cases, managed by the Chairperson;
Overall operations of the Tribunal, managed by the Chief Executive
Offi cer (CEO);
Procedural management of cases, managed by the Registrar;
Document fl ow and facilities, managed by Registry;
Support to Tribunal members on adjudication of cases and
knowledge management, managed by the Case Management Unit;
Financial management, including budgeting, monitoring of
expenditure, management of funds and fi nancial reporting, provided
by the Finance Unit;
Corporate support (ICT, HR, administrative support, compliance
monitoring and planning), provided by the Corporate Services Unit;
and
Communication outreach and support, managed by the
Communications Unit.
Mandate and functional purpose
The Tribunal is an independent adjudicative entity, deriving its mandate
from the National Credit Act (NCA). As such, it hears all sides of a case
before making a decision. A decision by the Tribunal has the same status
as one made by the High Court of South Africa.
Various parties can bring cases before the Tribunal. These can be the
National Credit Regulator, consumers, credit providers, debt counsellors
and credit bureaux. Cases are brought before the Tribunal in terms of
the Rules for the Conduct of Matters before the National Consumer
Tribunal (Government Notice no 30225, 28 August 2007) (the Rules) for
the applicable applications and referrals. There are 34 different types of
applications and referrals, including provision for a matter that can be
brought by order from the High Court on application by a third party. If
the Tribunal adjudicates on a matter of prohibited conduct, it can impose
a remedy as provided for in the NCA and grant orders for costs. The
Tribunal’s mandate includes reviewing decisions made by the National
Credit Regulator.
FABACEAE Indigofera
brachystachya
Through their nitrogen
fi xing capabilities, Fabacea
species are essential for
fynbos growing on nitrogen-
poor soils. Bacteria in the
roots of the plants take
nitrogen from the air and
turn it into a nitrate supply
for the host plant.
Annual Report 2011
national consumer tribunal | page 5