Mandate and functional purpose

The National Consumer Tribunal was established in terms of the National Credit Act 34 of 2005 (the NCA).

The Tribunal is an independent adjudicative entity, deriving its mandate from the National Credit Act (NCA). As such, it hears all sides of a case before making a decision. A decision by the Tribunal has the same status as one made by the High Court of South Africa.

Various parties can bring cases before the Tribunal. These can be the National Credit Regulator, consumers, credit providers, debt counsellors and credit bureaux. Cases are brought before the Tribunal in terms of the Rules for the Conduct of Matters before the National Consumer Tribunal (Government notice no 30225, 28 August 2007) (the Rules) or the applicable applications and referrals. There are 34 different types of applications and referrals, including provision for a matter that can be brought by order from the High Court on application by a third party. If the Tribunal adjudicates on a matter of prohibited conduct, it can impose a remedy as provided for in the NCA and grant orders for costs. The Tribunal's mandate includes reviewing decisions made by the National Credit Regulator.