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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

26. Appeals

 

(1) An appeal lodged against a ruling of a single member of the Tribunal must be referred by the Chairperson to an appeal panel consisting of three members of the Tribunal.

[Rule 26(1) substituted by rules 18(1) and 18(2) of Notice 428 of 2011, GG 34405, dated 29 June 2011]

 

(2) The Notice of Appeal must—
(a) be lodged with the Registrar within 20 days of the ruling;
(b) set out concisely the grounds of appeal;
(c) be accompanied by a record of the ruling ; and
(d) attach any relevant documentation.

 

(3) The appellant must deliver a copy of the Notice of Appeal and relevant documentation to the respondent within 2 days of lodging such documents with the Registrar.

 

(4) The respondent may file with the Registrar a replying affidavit within 15 days of receipt of the Notice of Appeal and deliver a copy of such replying affidavit to the Appellant.

[Rule 26(4) substituted by rule 27(1) of Notice No. R. 203, GG 38557, dated 13 March 2015]

 

(5) The appellant must—
(a) prepare 4 copies of the record of the ruling appealed against; and
(b) prepare 4 copies of the appeal documentation; and

[Rule 26(5)(b) substituted by rule 27(2) of Notice No. R. 203, GG 38557, dated 13 March 2015]

(c)        index and paginate such documents in a separate bundles.

[Rule 26(5) substituted by rule 18(3) of Notice 428 of 2011, GG 34405, dated 29 June 2011]

 

(6) The bundles contemplated in subrule (5) must be delivered to the Registrar within 5 days of the filing of the respondent's replying affidavit or in the absence of a reply within 5 days of the lapse of the period provided for in subrule (4);

[Rule 26(6) substituted by rule 18(4) of Notice 428 of 2011, GG 34405, dated 29 June 2011]

 

(7) The respondent may, within 5 days supplement the bundles in the event of any relevant documents being omitted.

 

(8) Upon the filing of a Notice of Appeal, the Registrar must—
(a) in consultation with the Chairperson, set down a date and time for the hearing of the appeal;
(b) deliver a notice of set down on every party to the matter appealed against.

 

(9) The parties and their legal representatives may appear at the appeal hearing;

 

(10) A party that wishes to submit heads of argument must deliver within 48 hours of the hearing, 4 copies of the heads of argument to the Registrar and a copy to the other party.

[Rule 26(4) substituted by rule 27(3) of Notice No. R. 203, GG 38557, dated 13 March 2015]