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Consumer Protection Act, 2008 (Act No. 68 of 2008)

Rules Regulating the Functioning of the National Consumer Commission in Terms of The Consumer Protection Act, 2008 (No.68 of 2008)

Part 4 : Complaint Procedures

16. Consent agreements



1) If, at any time before issuing a Notice of Non-referral in the form of Annexure G of the Regulations or referring a complaint to the Tribunal, it appears to the Commission that the respondent may be prepared to agree to terms of a proposed order, the Commission—
a) must notify the complainant, in writing, that a consent order may be recommended to the Tribunal; and
b) invite the complainant to inform the Commission in writing within 10 business days after receiving that notice -
i) whether the complainant is prepared to accept damages under such an order; and
ii) if so, the amount of damages claimed.


2) If the Commission and the respondent agree to the terms of an order, the Commission must—
a) refer the complaint to the Tribunal;
b) attach to the referral a consent agreement—
i) setting out the section of the Act that has been contravened;
ii) setting out the terms agreed between the Commission and the respondent, including, if applicable, the amount of damages agreed between the respondent and the complainant; and
iii) signed by the Commission and the respondent indicating their consent to the consent agreement being made an order of the Tribunal; and
c) serve a copy of the referral and consent agreement on the respondent and the complainant.


3) A draft consent agreement must be submitted to the Tribunal in terms of this rule notwithstanding the refusal by a complainant to consent to including an award of damages in that draft agreement.