Criteria for registration as an alternative dispute resolution agent

1.         An application for registration as an alternative dispute resolution agent must contain:-

 

1.1      an overview of an applicant’s capabilities and background in providing alternative dispute resolution services including a description of the applicant’s track record in handling the clerical aspects of the expedited alternative dispute resolution proceedings, if any;

 

1.2      a list of names and qualifications of personnel providing alternative dispute resolution services, whom the applicant for alternative dispute resolution services proposes to include on its list of adjudicators;

 

1.3      a description of the screening requirements the applicant for alternative dispute resolution services has used in selecting adjudicators to be included on its list; and

 

1.4      an indication whether it intends to make exclusive use of adjudicators who are residents or citizens of the Republic of South Africa;

 

1.5      a description of training and educational measures the applicant for alternative dispute resolution services proposes to employ for listed adjudicators with respect to credit related disputes;

 

1.6      a proposed schedule for the alternative dispute resolution services, its programme for administering disputes under these Regulations, including a statement regarding the administrative capacity to manage disputes on a monthly basis.

 

2.         To be accredited as an alternative dispute resolution agent, an applicant must:-

 

2.1      have a track record and a detailed plan for providing alternative dispute resolution services;

 

2.2      propose a list of least five (5) highly qualified neutral persons from the public and private sectors that are experts in consumer law, credit law, commercial law, cultural, religious and personal rights who have agreed to serve as adjudicators;

 

2.3      show how it shall ensure that the listed adjudicators are trained concerning these Regulations;

 

2.4      state whether it intends to make exclusive use of adjudicators who are citizens or residents of the Republic of South Africa;

 

2.5      indicate a familiarity with international and foreign jurisdictions accredited dispute resolution mechanisms and processes and indicate its plan to provide an international benchmark for a process that is unique to the Republic of South Africa;

 

2.6      have a statement of any requested limitations on the number of disputes the alternative dispute resolution agent handles, either during a start-up period or on a permanent basis;

 

2.7      have a description of how the alternative dispute resolution agent proposes to administer disputes including its interaction with the parties to the dispute, the National Credit Regulator and other approved providers;

 

2.8      a description of how the alternative dispute resolution agent intends to publish decisions of adjudicators in disputes it administers and a commitment to provide the National Credit Regulator with copies of all decisions of adjudicators not published;

 

2.9      show that both the alternative dispute resolution agent and its panel of adjudicators are representative of women, disabled and historically disadvantaged individuals where such representativeness is assessed in terms of the Codes of Good Practice for Broad Based Black Economic Empowerment, as such Codes may be amended from time to time.

 

3.         Education: The applicant or a person appointed to deal with disputes must meet the following requirements -  

 

3.1      A minimum Grade 12 certificate or equivalent Level 4 qualification issued by the South African Qualifications Authority (SAQA);

3.2      A three year degree; and

3.3      Must be trained on the National Credit Act, Consumer Protection Act and on the basic principles of the following areas:

3.3.1        Alternative dispute resolution;

3.3.2        Financial management;

3.3.3        Business management;

3.3.4        Governance & compliance;

3.3.5        Customer service.

 

4.         Experience and Competence:

 

4.1      The nominated personnel and adjudicators must be experts in the following areas:

4.1.1        Consumer law;

4.1.2        Credit law;

4.1.3        Commercial law;

4.1.4        Cultural rights;

4.1.5        Religious rights; and

4.1.6        Personal rights.

 

4.2      Must demonstrate the ability to:-

4.2.1        manage their own finances at the time of applying for registration;

4.2.2        provide mediation, conciliation or arbitration skills.

 

4.3      A person who applies for registration as an alternative dispute resolution agent must not be engaged in:–

4.3.1        debt collection;

4.3.2        the operation of a credit bureau;

4.3.3        credit provision; or

4.3.4        the operations of a payment distribution agent.

 

5.         A natural person may not be registered as an alternative dispute resolution agent.

6.         Documents and information required for the application for Registration as an alternative dispute resolution agent in terms of section 134A of the National Credit Act 34 of 2005, as amended:

Ø   Completed and signed application form (Form 47);

Ø   Companies and Intellectual Property Commission  ( CIPC ) registration document or other official registration document;

Ø   Copy of the company’s share certificate (if applicable);

Ø   Certified copies of ID/Passports of all the members/directors/shareholders, adjudicators and nominated employee of the applicant;

Ø   Resolution (specimen attached);

Ø   A Police Clearance Certificates for all the members/directors/shareholders, adjudicators and nominated employee of the applicant, issued by the South African Police Services (SAPS) or other service providers listed in the annexure attached hereto marked Annexure “A”;

Ø   Proof of payment of the registration fees:

o    Non-refundable application fee of R550.00;

o    Initial registration fee of R20 000.00;

o    Branch fee of R250.00 per location or premises;

Ø   A letter from the bank confirming the applicant’s banking details or a copy of a cancelled blank cheque;

Ø   Auditor’s/accounting officer’s letter of appointment;

Ø   Copy of the tax clearance certificate issued by the South African Revenue Services;

Ø   A certified copy of the mediation, conciliation or arbitration certificate;

Ø   Copy of the applicant’s, nominated employee’s and adjudicator’s curriculum vitae (CV).

Ø   A certified copy of the applicant’s nominated employee’s and adjudicators’ highest qualification certificates.

 

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