Letsoalo v Wesbank, A division of Firstrand Bank Limited (NCT/82802/2017/128) [2017] ZANCT 107 (4 October 2017)

Letsoalo v Wesbank, A division of Firstrand Bank Limited (NCT/82802/2017/128) [2017] ZANCT 107 (4 October 2017)

The Tribunal found that the Respondent's answering affidavit was filed late according to Rule 13(2), despite the Registrar's notice indicating a later deadline. The Tribunal held that the Registrar's practice of extending the filing period is not supported by the Rules and only the Tribunal may condone late filings. The Applicant's communication with the Respondent, specifically the email raising questions about the sale price and timing, constituted the initiation of a dispute as required by section 128(1). The Tribunal dismissed the Respondent's point in limine regarding the absence of a prior dispute and upheld the Applicant's point in limine regarding the late filing of the answering...

Citation
[2017] ZANCT 107
Parties
Applicant: Makete Judah Letsoalo; Respondent: Wesbank, a division of Firstrand Bank Limited
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
4 October 2017
Case Number
NCT/82802/2017/128
Procedural Posture
Review Application / Points in Limine
Outcome
The Applicant's point in limine regarding late filing of the answering affidavit is upheld; the Respondent may apply for condonation.
Judges
J Maseko, J Simpson, X May
Legal Topics
National Credit Act, Surrender of Goods, Late Filing of Affidavit, Service of Notice, Condonation Application
Banking and Finance Civil Procedure National Credit Act Surrender of Goods Late Filing of Affidavit Service of Notice Condonation Application

Case Brief

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Parties

Makete Judah Letsoalo

Applicant

Wesbank, a division of Firstrand Bank Limited

Respondent

Procedural Posture

Review Application / Points in Limine

Legal Issues

  1. 1 Whether the Respondent's answering affidavit was filed within the prescribed period under the Tribunal Rules.
  2. 2 Whether the Tribunal has jurisdiction to rule on the service of the section 127(2) notice by ordinary post.
  3. 3 Whether the Applicant complied with section 128(1) by lodging a dispute with the Respondent prior to approaching the Tribunal.

Ratio Decidendi

The Tribunal found that the Respondent's answering affidavit was filed late according to Rule 13(2), despite the Registrar's notice indicating a later deadline. The Tribunal held that the Registrar's practice of extending the filing period is not supported by the Rules and only the Tribunal may condone late filings. The Applicant's communication with the Respondent, specifically the email raising questions about the sale price and timing, constituted the initiation of a dispute as required by section 128(1). The Tribunal dismissed the Respondent's point in limine regarding the absence of a prior dispute and upheld the Applicant's point in limine regarding the late filing of the answering...

Court Disposition

The Applicant's point in limine regarding late filing of the answering affidavit is upheld; the Respondent may apply for condonation.

Orders

  • The Respondent may file an application to condone the late filing of the answering affidavit within 15 business days of the date of this judgment.
  • If no application for condonation is received from the Respondent within the specified time, the matter will proceed on a default basis.