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

Chapter 3 : Protection of Consumer Rights and Consumers’ Voice

Part B : Commission investigations

75. Referral to Tribunal



1) If the Commission issues a notice of non-referral in response to a complaint, other than on the grounds contemplated in section 116, the complainant concerned may refer the matter directly to—
a) the consumer court, if any, in the province within which the complainant resides, or in which the respondent has its principle place of business in the Republic, subject to the provincial legislation governing the operation of that consumer court; or
b) the Tribunal, with leave of the Tribunal.


2) If a matter is referred directly to a consumer court in terms of subsection (1), the respondent may apply to the Tribunal, in the prescribed manner and form and within the prescribed time, for an order that the matter be referred to the Tribunal, and the provisions of section 73(4) apply to such an application.


3) A referral to the Tribunal, whether by the Commission or by a complainant in terms of subsection (1), must be in the prescribed form.


4) The Tribunal—
a) must conduct a hearing into any matter referred to it under this Chapter, in accordance with the requirements of this Act, and the applicable provisions of the National Credit Act pertaining to the proceedings of the Tribunal; and
b) may make any applicable order contemplated in this Act or in section 150 or 151 of the National Credit Act, read with the changes required by the context.


5) The Chairperson of the Tribunal may assign any of the following matters arising in terms of this Act to be heard by a single member of the Tribunal, in accordance with section 31(1)(a) of the National Credit Act:
a) An application in terms of section 73(3);
b) an application for leave as contemplated in subsection (1)(b);
c) an application in terms of subsection (2);
d) an application in terms of section 106; or
e) an application for an extension of time, to the extent that the Tribunal has authority to grant such an extension in terms of this Act.