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


Regulations for matters relating to the functions of the Tribunal and Rules for the conduct of matters before the National Consumer Tribunal

Part D : Hearings

17A. Summoning of witnesses


(1) A member of the Tribunal may issue a summons for any person as contemplated in section 144 by—
(a) completing Form TI.144, ensuring that—
(i) the names, addresses and contact details of the persons to be summonsed are adequately set out;
(ii) the venue, time and date of the hearing are clearly stated; and
(iii) any document or item which such person must produce is accurately described;
(b) signing the Form in the place marked for the Tribunal member's signature; and
(c) submitting the completed and signed Form to the Registrar, to be stamped by the Registrar.


(2) Any party in a matter who requires a Tribunal member to issue a summons as contemplated in subrule(1) must file with the Registrar a Form TI.144, fully completed and containing the information required in 1(a)(i) to (iii), to be submitted by the Registrar to the Tribunal member for signature.


(3) Upon submission in terms of subrule(2) of a completed form TI.144 to a Tribunal member, the Tribunal member may—
(a) sign the Form and direct the Registrar to stamp same; or
(b) direct the party requiring the issuing of the summons to make submissions on:
(i) why the evidence of the person(s) to be summonsed is (are) required; and
(ii) any other aspect relating to the issuing of the summons.


(4) After receipt of a party's submissions in subrule(3)(b), the Tribunal member may either decline to issue the summons or may sign the form and direct the registrar to stamp same.


(5) When a summons is issued by a Tribunal member—
(a) of the Tribunal's own accord, the Registrar must ensure that the summons is served on the persons set out therein, in accordance with rule 30; or
(b) at the request of a party in a matter, such party must ensure that the summons is served on the persons set out therein, in accordance with rule 30.


(6) A summons may, in the summons form TI.144, require a witness to hand any documents or items to the Registrar by a date before the hearing. The parties to a matter will then, subject to the provisions of rule 32, be entitled to inspect and/or obtain copies of such documents or items.


[Rule 17A inserted by rule 19 of Notice No. R. 203, GG 38557, dated 13 March 2015]