NCT

Introduction to the National Consumer Tribunal

The National Consumer Tribunal (NCT), established under Section 26 of the National Credit Act (NCA), serves as an independent adjudicative body with jurisdiction throughout South Africa. As a Tribunal of record, the NCT addresses a wide range of matters under both the National Credit Act (NCA) and the Consumer Protection Act (CPA).

Structure of the Tribunal

The NCT is composed of two key components:

  1. The Adjudication Section:
  1. Comprising the Tribunal members, including a Chairperson and no fewer than 10 part-time or full-time members (in accordance with NCA Section 26(2)).
  2. Tribunal Members are empowered to exercise judicial discretion and are guided, though not bound, by precedent. This allows flexibility and fairness in decisions.
  3. The Tribunal’s mandate, expanded by the NCA Amendment, includes additional prohibited conduct, reckless credit matters, the prohibited collection of prescribed debts, as well as matters involving Debt Counsellors (DCs) and Payment Distribution Agents (PDAs), among others.
  1. The Operational Section:
  1. Managed by the Chief Operations Officer (COO), who oversees four business units: Registrar’s Office, ICT, Finance, and Corporate Services.
  2. This section ensures the seamless functioning of the Tribunal’s processes.

 

 Debt Re-arrangement Applications (DRAs)

A core function of the Tribunal involves adjudicating Debt Re-arrangement Applications (DRAs). These are brought forward by Debt Counsellors on behalf of consumers to renegotiate credit agreements with creditors. The Tribunal carefully scrutinises these agreements to ensure they meet legal requirements and protect consumers, paying close attention to potential issues like:

  1. Unlawful interest rates;
  2. Lack of consent from credit providers;
  3. Unaffordable repayment terms;
  4. Insufficient provision for living expenses.

The Tribunal either confirms or refuses DRA applications, depending on the merit of the agreements submitted by Debt Counsellors and credit providers. Applications are typically submitted electronically through our e-filing system, enabling streamlined processing and quicker outcomes.

The e-filing System: Enhancing Efficiency

The NCT’s e-filing system is an online platform allowing Debt Counsellors to file DRA applications efficiently and from anywhere in the country. Here’s how it works:

  1. Registration – Debt Counsellors must register on the NCT’s website, providing three key documents:
    1. A valid NCRDC registration certificate (or proof of payment for the certificate);
    2. Proof of business address;
    3. A copy of the applicant’s ID.
  2. Linking Payment – Payments are linked to a secure e-purse account.
  3. Application Submission – Complete and submit the application via e-filing.
  4. Order Processing – The Tribunal reviews the application and issues an order (granted or refused) within 20 days.

Benefits of e-filing:

  1. Accessibility – Applications can be submitted from any location.
  2. Cost-efficiency – Debt Counsellors save on printing and court-related costs.
  3. Certainty – The system validates the completeness of applications before submission.
  4. Speed – Orders are processed within 20 days, minimizing delays.
  5. Withdrawal and Waiver – Applications can be withdrawn via e-filing, and any refusals caused by system errors may result in a filing fee waiver.

Training is offered to Debt Counsellors every Friday and covers the case management system, registration and e-filing as well as the filing requirements for a debt review application. Please contact our offices to receive your invitation.

For further information, Tribunal Rules and filing guidelines please visit the NCT website: https://www.thenct.org.za/

Contact Details:

Telephone:        010 590 5200

Email:              registry@thenct.org.za

Address:          Ground floor, Block B

Lakefield Office Park

272 West Avenue

c/o West and Lenchen North

Centurion

The National Consumer Tribunal continues to uphold its mandate of fair adjudication, providing consumers and businesses with an accessible, efficient, and just platform for resolving credit and consumer-related disputes.