The National Consumer Tribunal is an adjudicative body established by section 26 of the National Credit Act (No. 34 of 2005). It has jurisdiction throughout South Africa.

The role of the Tribunal is to adjudicate on:

• Applications made in terms of the Act by consumers, credit providers, credit bureaux, debt counsellors and the Credit Regulator ;

• Matters referred by the National Credit Regulator or Complainants related to allegations of prohibited conduct

The Act provides for limited circumstances where applications can be made directly to the Tribunal by consumers, credit providers, credit bureaux and debt counsellors. Direct applications can only be made if the parties failed to resolve the matter directly between themselves and alternative dispute resolution has failed.

Referrals of prohibited practices generally can be made to the Tribunal by the Credit Regulator. In certain circumstances, where the Credit Regulator decided not to refer a matter, a direct referral can be made to the Tribunal by the Complainant. Applicants must consult the Rules of the Tribunal or the FAQ’s to identify matters that they can bring directly to the Tribunal.

The Tribunal has, in terms of the Act powers to make a range of orders. Some of the specific orders are:

• Declaring conduct to be prohibited

• Interdicting prohibited conduct

• Imposing administrative fines

• Confirming consent orders;

• Cancelling or suspending the registration of any entity registered with the National Credit Regulator; and

• Confirming, modifying or setting aside the decisions of the National Credit Regulator on appeal by the affected parties.