Adams t/a SA Credit Solutions (Pty) Ltd v National Credit Regulator In Re National Credit Regulator v Adams t/a SA Credit Solutions (Pty) Ltd (NCT/116600/2018/57(1)) [2019] ZANCT 99 (5 July 2019)

Adams t/a SA Credit Solutions (Pty) Ltd v National Credit Regulator In Re National Credit Regulator v Adams t/a SA Credit Solutions (Pty) Ltd (NCT/116600/2018/57(1)) [2019] ZANCT 99 (5 July 2019)

The Tribunal found that although Mr Adams demonstrated tardiness and a lack of respect for Tribunal processes by filing his answering affidavit three minutes late, the seriousness of the charges against him and the potential impact on his livelihood warranted that his defence be considered. The interests of justice required that the matter proceed on its merits, and as Mr Adams had now filed his answering affidavit, condonation was granted to allow the case to be heard fully. The Tribunal emphasized that the final outcome was not predetermined and that both parties would have the opportunity to present their cases.

Citation
[2019] ZANCT 99
Parties
Applicant: Zahid Adams t/a SA Credit Solutions (Pty) Ltd; Respondent: National Credit Regulator
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
5 July 2019
Case Number
NCT/116600/2018/57(1)
Procedural Posture
Condonation Application / Application for Condonation of Late Filing of Answering Affidavit
Outcome
Application for condonation granted.
Judges
Tanya Woker
Legal Topics
Condonation, Late Filing of Affidavit, Tribunal Rules, Interests of Justice
Civil Procedure Condonation Late Filing of Affidavit Tribunal Rules Interests of Justice

Case Brief

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Parties

Zahid Adams t/a SA Credit Solutions (Pty) Ltd

Applicant

National Credit Regulator

Respondent

Procedural Posture

Condonation Application / Application for Condonation of Late Filing of Answering Affidavit

Legal Issues

  1. 1 Whether Mr Adams' late filing of his answering affidavit following a Tribunal ruling should be condoned.

Ratio Decidendi

The Tribunal found that although Mr Adams demonstrated tardiness and a lack of respect for Tribunal processes by filing his answering affidavit three minutes late, the seriousness of the charges against him and the potential impact on his livelihood warranted that his defence be considered. The interests of justice required that the matter proceed on its merits, and as Mr Adams had now filed his answering affidavit, condonation was granted to allow the case to be heard fully. The Tribunal emphasized that the final outcome was not predetermined and that both parties would have the opportunity to present their cases.

Court Disposition

Application for condonation granted.

Orders

  • The application for condonation is granted.
  • There is no order as to costs.