Mashefha Financial Services CC v National Credit Regulator (NCT/103931/2018/57(1)) [2018] ZANCT 84 (11 July 2018)

Mashefha Financial Services CC v National Credit Regulator (NCT/103931/2018/57(1)) [2018] ZANCT 84 (11 July 2018)

The Tribunal found that the Respondent received the application on 10 April 2018 and provided a reasonable explanation for the delay in filing the Answering Affidavit. The condonation application was made within a reasonable period. The Respondent would suffer prejudice if not allowed to respond to serious allegations, including possible de-registration. The matter is important and the interests of justice require that the Respondent be given an opportunity to fully ventilate its case. The Tribunal exercised its discretion and granted condonation for the late filing of the Answering Affidavit.

Citation
[2018] ZANCT 84
Parties
Respondent: Mashefha Financial Services CC; Applicant: National Credit Regulator
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
11 July 2018
Case Number
NCT/103931/2018/57(1)
Procedural Posture
Condonation Application / Ruling on Condonation for Late Filing of Answering Affidavit
Outcome
Condonation for the late filing of the Answering Affidavit is granted.
Judges
H Devraj
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

Mashefha Financial Services CC

Respondent

National Credit Regulator

Applicant

Procedural Posture

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

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the Answering Affidavit by the Respondent in the main matter.
  2. 2 Whether the Respondent will suffer prejudice if condonation is refused.
  3. 3 Whether the interests of justice require that condonation be granted.

Ratio Decidendi

The Tribunal found that the Respondent received the application on 10 April 2018 and provided a reasonable explanation for the delay in filing the Answering Affidavit. The condonation application was made within a reasonable period. The Respondent would suffer prejudice if not allowed to respond to serious allegations, including possible de-registration. The matter is important and the interests of justice require that the Respondent be given an opportunity to fully ventilate its case. The Tribunal exercised its discretion and granted condonation for the late filing of the Answering Affidavit.

Court Disposition

Condonation for the late filing of the Answering Affidavit is granted.

Orders

  • The condonation application for the extension of time for the late filing of the Answering Affidavit is granted.
  • The Respondent in the main matter must file its Answering Affidavit within 15 business days from the date of this ruling.