A legal analysis of the role and mandate of the National Consumer Tribunal in South Africa

Abstract

The National Consumer Tribunal (NCT) is an important institution that was established under section 26 of the National Credit Act 34 of 2005 (NCA) which is entrusted with resolving consumer disputes and enforcing consumer protection laws. The NCT also derives its mandate from the Consumer Protection Act 68 of 2008 (CPA). The NCT plays an essential part in upholding consumer rights and encouraging consumer confidence as it also plays a role in educating consumers about their rights and that there is hope that consumer disputes can be resolved. Vulnerable consumers are often more likely to be taken advantage of by unfair practices like misleading advertising, misleading sales tactics, or abusive contract terms. The NCT is a crucial regulatory authority that needs to function effectively in combatting such conduct to protect consumers. Notwithstanding this, the NCT is facing several challenges that negatively affect it from discharging its role and mandate effectively. Accordingly, this research evaluates such challenges by analysing the provisions contained in the CPA and the NCA to provide solutions and recommendations to assist the NCT in discharging its role and mandate efficiently.