Acts Online
GT Shield

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

Chapter 7 : Dispute Settlement other than debt enforcement

Part D : Tribunal consideration of complaints, applications and referrals

142. Hearings before Tribunal


(1) The Tribunal must conduct its hearings in public—
(a) in an inquisitorial manner;
(b) as expeditiously as possible;
(c) as informally as possible; and
(d) in accordance with the principles of natural justice.


(2) Despite subsection (1), the Tribunal member presiding at a hearing may exclude members of the public, or specific persons or categories of persons, from attending the proceedings—
(a) if evidence to be presented is confidential information, but only to the extent that the information cannot otherwise be protected;
(b) if the proper conduct of the hearing requires it; or
(c) for any other reason that would be justifiable in civil proceedings in a High court.


(3) The Chairperson of the Tribunal must assign any of the following matters to be heard by a single member of the Tribunal, sitting alone:
(a) Any application by a consumer or credit provider in terms of section 137(3);
(b) consent orders in terms of this Act or the Consumer Protection Act, 2008

[Subsection (3)(b) substituted by item A5(a) of Schedule 1 of Act No. 68 of 2008]

(c) applications to permit late filing;
(d) review of requests for additional information, in terms of section 45(2);
(e) review of an order to cease engaging in an activity, in terms of section 54;
(f) applications for an order limiting consumer requests in terms of section 62, 65, 72, 110 or 113;

[Section 142(3)(f) deleted by section 23(a) of Notice No. 1081, GG 42649, dated 19 August 2019]

(fA) consideration of a debt intervention application contemplated in section 86A; or

[Section 142(3)(fA) inserted by section 23(b) of Notice No. 1081, GG 42649, dated 19 August 2019]

(g) applications for an order concerning the remittance of proceeds of sale, in terms of section 127 or 131.


(4) At the conclusion of a hearing, the Tribunal must make an order permitted in the circumstances in terms of this Act, or the Consumer Protection Act, 2008, and must issue written reasons for its decision.

[Subsection (4) substituted by item A5(b) of Schedule 1 of Act No. 68 of 2008]


(5) The Tribunal must provide the participants and members of the public reasonable access to the record of each hearing, subject to any ruling to protect confidential information made in terms of subsection (2)(a).