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

Chapter 2 : Consumer Credit Institutions

Part B : National Consumer Tribunal

31. Tribunal proceedings


(1) The Chairperson is responsible to manage the caseload of the Tribunal, and must assign each matter referred to the Tribunal to—
(a) a member of the Tribunal, to the extent that this Act, section 75(5) of the Consumer Protection Act, 2008, or any other legislation provides for a matter to be considered by a single member of the Tribunal; or
(b) a panel composed of any three members of the Tribunal, in any other case.

[Subsection (1) substituted by item A2 of schedule 1 of Act No. 68 of 2008]


(2) When assigning a matter to a panel in terms of subsection (1)(b), the Chairperson must—
(a) ensure that at least one member of the panel is a person who has suitable legal qualifications and experience; and
(b) designate a member of the panel to preside over the panel’s proceedings.


(3) If, because of resignation, illness, death, or withdrawal from a hearing in terms of section 29, a member of the panel is unable to complete the proceedings in a matter assigned to that panel, the Chairperson must—
(a) direct that the hearing of that matter proceed before the remaining members of the panel, subject to the requirements of subsection (2)(a); or
(b) terminate the proceedings before that panel and constitute another panel, which may include any member of the original panel, and direct that panel to conduct a new hearing.


(4) The decision of a panel on a matter referred to it must be in writing and include reasons for that decision.


(5) A decision of a single member of the Tribunal hearing a matter as contemplated in subsection (1)(a), or of a majority of the members of a panel in any other case, is the decision of the Tribunal.