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

Rules

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

21. Hearings

 

(1) A hearing must be informal and follow procedures determined by the presiding member in terms of rule 17(5)(e) or at any time before or during the hearing.

[Rule 21(1) substituted by rule 22(1) of Notice No. R. 203, GG 38557, dated 13 March 2015]

 

(2) The Tribunal will be the judge of the admissibility of any evidence adduced and of its probative value.

 

(3) The hearings of the Tribunal are open to the public unless otherwise determined by the Presiding Member

 

(4) In a hearing for interim relief, only evidence by affidavit will be admitted, subject to sub-rule (2).

 

(5) [Rule 21(5) deleted by rule 22(2) of Notice No. R. 203, GG 38557, dated 13 March 2015]

 

(6) [Rule 21(6) deleted by rule 22(2) of Notice No. R. 203, GG 38557, dated 13 March 2015]

 

(7) A witness must take an oath or affirm the undertaking contained in Table 3.

 

(8) The Tribunal may order that a witness—
(a) be paid in accordance with the tariff of allowances published by the Minister responsible for Justice by notice in the Gazette in terms of section 42 of the Supreme Court Act, 1959 (Act No. 59 of 1959);
(b) be paid a portion of the amount permitted under paragraph(a); or
(c) not be paid.

 

(9) A party requiring the services of an interpreter must notify the Registrar at least 10 business days prior to the date for which the matter has been set down.

 

(10) An interpreter—
(a) will be procured at the expense of the Tribunal;
(b) must be a person admitted as a sworn translator of the High Court; or
(c) must take an oath or affirm the undertaking contained in Table 3, with a signed copy to form part of the record of the proceedings.

 

(11) The Tribunal may at any stage condone any non-compliance with these Rules or any irregularities in the conduct of proceedings.

[Rule 21(11) substituted by rule 22(3) of Notice No. R. 203, GG 38557, dated 13 March 2015]