The National Consumer Tribunal (NCT) is an independent adjudicative entity. It derives its mandate from the National Credit Act, No. 34 of 2005 (the NCA). The mandate was expanded to include matters arising from Consumer Protection Act, Act No. 68 of 2008 ("the CPA"). The Tribunal's mandate also includes reviewing decisions made by the National Credit Regulator (NCR), the National Consumer Commission (NCC) and single-member panels of the Tribunal. Decisions made by a three-member panel of the Tribunal may in turn be taken on appeal or review to the High Court.

What We Do

The role of the Tribunal is to adjudicate on: Applications made in terms of the National Credit Act 34 of 2005 by consumers, credit providers, credit bureaux, debt counsellors and the National Credit Regulator including applications for interim relief and a review of the National Credit Regulator’s decisions, matters referred to by the National Credit Regulator or complaints related to allegations of prohibited conduct, and consent orders.

The National Consumer Tribunal is an independent body, whose aim is to achieve fairness and justice for everyone in the consumer and credit market.

The National Consumer Tribunal hears all sides of an argument before making a decision. A decision made by the National Consumer Tribunal has the same status as one made by the High Court of South Africa. Failure to comply with an order of the Tribunal carries a fine or imprisonment for up to ten years

In terms of section 149 – 150 of the NCA (similar provisions in CPA)

the Tribunal can inter alia make the following orders:

• Grant Interim relief;
• Declare conduct to be prohibited;
• Issue an interdict for prohibited conduct;
• Confirm Consent Orders;
• Condone non compliance with its rules and procedures;
• Any other appropriate order required to give effect to a right as contemplated in the Act;

The Tribunal may impose an administrative fine, which does not exceed 10% of the respondents’ annual turnover during the preceding financial year, or R1 000 000 whichever is the greatest.

Legislative and other mandates

The NCT is an independent adjudicative entity which derives its mandate from the National Credit Act, Act No. 34 of 2005 (NCA) and the Consumer Protection Act, Act No. 68 of 2008 (CPA). It is classified as a Schedule 3A entity in terms of the Public Finance Management Act, Act No.1 of 1999 (PFMA).

The NCT, through its adjudicative mandate and its consideration of matters of prohibited conduct and fair business practice, plays a significant role in upholding and preserving the principles enshrined in the Bill of Rights. Specifically, the NCT has a direct impact on the following areas within the Constitution of the Republic of South Africa, under the Bill of Rights:

• Sub-section 9: Equality – The NCT is accessible to all consumers and businesses, thereby playing a significant role in ensuring that parties have the right to equal protection and benefit of the law. The NCT, through its value system, also strives to respect human diversity and ensure that no form of discrimination is tolerated.
• Sub-section 10: Human Dignity – Through the adjudication process, the NCT ensures that prohibited conduct on the part of providers of goods and services, as well as the relevant action thereto, does not impair human dignity.
• Sub-section 14: Privacy – Whilst adhering to its founding legislation, and as part of its adjudicative role, the NCT ensures that people’s privacy is protected
• Sub-section 33: Just administrative action – The NCT ensures that it hears both sides to a dispute and that it issues reasons for its decisions.

Vision

A vision statement points an organization in a particular direction, charts a strategic path for it to follow in preparing for the future, and moulds organisational identity.  The vision statement communicates management’s aspirations to stakeholders and helps steer the energies of staff in a common direction.  In the pursuance of its mandate, the Vision of the NCT is:

 “To be recognised as a well-managed adjudicative public entity positively impacting the socio-economic development of South Africa”.

Mission

The mission statement of the NCT describes its present scope and fundamental purpose (who we are, what we do, and why we are here). The Mission of the NCT is:

“The provision of accessible adjudication and redress to advance socio-economic welfare in South Africa”.

Service Charter

The National Consumer Tribunal’s Service Charter is an expression of the organisational commitment to improving its service and communication with its stakeholders. The Service Charter describes what the Tribunal is, what it does and its commitment to its stakeholders.

Department of Trade and Industry South Africa -( DTI)