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National Credit Act, 2005 (Act No. 34 of 2005)

Chapter 7 : Dispute Settlement other than debt enforcement

Part C : Informal resolution or investigation of complaints

141. Referral to Tribunal


(1) If the National Credit Regulator issues a notice of non-referral in response to a complaint other than a complaint concerning section 61 or an offence in terms of this Act, the complainant concerned may refer the matter directly to—
(a) the consumer court of the province within which the complainant resides, or in which the respondent has its principal place of business in the Republic, subject to the provincial legislation governing the operation of that consumer court; or
(b) the Tribunal, with the leave of the Tribunal.


(2) If a matter is referred directly to a consumer court in terms of subsection (1)—
(a) 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—
(i) a different consumer court; or
(ii) the Tribunal;
(b) the provisions of section 140(6) and (7), read with the changes required by the context, apply to an application made in terms of paragraph (a); and
(c) if the matters remains referred to a consumer court, the provisions of Parts D and E of this Chapter, each read with the changes required by the context, apply to the hearing of the matter by the consumer court.


(3) A referral to the Tribunal, whether by the National Credit Regulator in terms of section 140(1) or by a complainant in terms of subsection (1), must be in the prescribed form.


(4) The Tribunal must conduct a hearing into any matter referred to it under this Chapter, in accordance with the requirements of this Act.