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

Chapter 2 : Consumer Credit Institutions

Part B : National Consumer Tribunal

26. Establishment and constitution of Tribunal


(1) There is hereby established a body to be known as the National Consumer Tribunal, which—
(a) has jurisdiction throughout the Republic;
(b) is a juristic person;
(c) is a tribunal of record; and
(d) must exercise its functions in accordance with this Act or any other applicable


(2) The Tribunal consists of a Chairperson and not less than 10 other women or men appointed by the President, on a full or part-time basis.


(3) The President must—
(a) appoint the Chairperson and other members of the Tribunal no later than the date on which this Act comes into operation; and
(b) appoint a person to fill any vacancy on the Tribunal.


(4) To be eligible for appointment or designation as a member of the Tribunal, and to continue to hold that office, a person must—
(a) not be subject to any disqualification set out in subsection (5); and
(b) have submitted to the Minister a written declaration stating that the person—
(i) is not disqualified in terms of subsection (5); and
(ii) does not have any interests referred to in subsection (5)(b).

[Subsection (4) substituted by section 6(a) of Act No. 19 of 2014]


(5) A person may not be a member of the Tribunal if that person—
(a) is an office-bearer of any party, movement, organisation or body of a partisan political nature;
(b) personally or through a spouse, partner or associate—
(i) has or acquires a direct or indirect financial interest in a registrant; or
(ii) has or acquires an interest in a business or enterprise, which may conflict or interfere with the proper performance of the duties of a member of the Tribunal;
(c) is an unrehabilitated insolvent or becomes insolvent and the insolvency results in the sequestration of that person’s estate;
(d) has ever been, or is, removed from an office of trust on account of a guilty finding in respect of a complaint of misconduct related to fraud or the misappropriation of money;
(e) is subject to an order of a competent court holding that person to be mentally unfit or disordered;
(f) within the previous 10 years has been, or is, convicted in the Republic or elsewhere of theft, fraud, forgery or uttering a forged document, perjury, an offence under the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004), an offence under the Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001), or an offence involving dishonesty; or
(g) has been convicted of any other offence committed after the Constitution of the Republic of South Africa, 1996, took effect, and sentenced to imprisonment without the option of a fine.

[Subsection (5) inserted by section 6(b) of Act No. 19 of 2014]


(6) For the purpose of subsection (5)(b), a financial interest does not include an indirect interest held in any fund or investment if the person contemplated in that subsection has no control over the investment decisions of that fund or investment.

[Subsection (6) inserted by section 6(b) of Act No. 19 of 2014]


(7) A member of the Tribunal must promptly inform the Minister in writing after acquiring an interest that is, or is likely to become, an interest contemplated in subsection (5)(b).

[Subsection (7) inserted by section 6(b) of Act No. 19 of 2014]


(8) A member of the Tribunal must not—
(a) engage in any activity that may undermine the integrity of the Tribunal;
(b) attend, participate in or influence the proceedings of the Tribunal, if, in relation to the matter before the Tribunal, that member has an interest—
(i) contemplated in subsection (5)(b); or
(ii) that precludes that member from performing the functions of a member of the Tribunal in a fair, unbiased and proper manner;
(c) make private use of, or profit from, any confidential information obtained as a result of performing that person’s functions as a member of the Tribunal; or
(d) divulge any information referred to in paragraph (c) to any third party, except as required as part of that person’s official functions as a member of the Tribunal.

[Subsection (8) inserted by section 6(b) of Act No. 19 of 2014]


(9) If, at any time, it appears to a member of the Tribunal that a matter being considered by the Tribunal during proceedings concerns an interest of that member referred to in subsection (8)(b), that member must—
(a) immediately and fully disclose the nature of that interest to the members present; and
(b) withdraw from the proceedings to allow the remaining members to discuss the matter and determine whether the member should be prohibited from participating in any further proceedings concerning that matter.

[Subsection (9) inserted by section 6(b) of Act No. 19 of 2014]


(10) The disclosure by a member of the Tribunal in terms of subsection (9)(a), and the decision by the Tribunal in terms of subsection (9)(b), must be expressly recorded in the records of the proceedings in question.

[Subsection (10) inserted by section 6(b) of Act No. 19 of 2014]


(11) Proceedings of the Tribunal, and any decisions taken by a majority of the members present and entitled to participate in those decisions, are binding despite—
(a) a member of the Tribunal failing to disclose an interest as required by subsection (9); or
(b) a member of the Tribunal, having an interest, attending or participating in those proceedings.

[Subsection (11) inserted by section 6(b) of Act No. 19 of 2014]