National Credit Regulator v Amazulwini Consulting CC t/a Amazulwini Credit Provider (NCT/133925/2019/140(1)) [2019] ZANCT 147 (9 September 2019)

National Credit Regulator v Amazulwini Consulting CC t/a Amazulwini Credit Provider (NCT/133925/2019/140(1)) [2019] ZANCT 147 (9 September 2019)

The Tribunal found that although the Respondent failed to comply with certain filing requirements under the Tribunal Rules, it had made various attempts to oppose the application and was engaged in settlement negotiations. Given the seriousness of the allegations against the Respondent, the Tribunal held that the interests of justice required granting the Respondent an opportunity to file the necessary documentation to oppose the matter. The Tribunal therefore postponed the matter sine die and ordered the Respondent to file and serve a condonation application and Answering Affidavit within 15 business days, failing which the matter would proceed on a default basis.

Citation
[2019] ZANCT 147
Parties
Applicant: National Credit Regulator; Respondent: Amazulwini Consulting CC t/a Amazulwini Credit Provider
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
9 September 2019
Case Number
NCT/133925/2019/140(1)
Procedural Posture
Urgent Application / Postponement Order
Outcome
The matter is postponed sine die, with directions for the Respondent to file and serve a condonation application and Answering Affidavit within 15 business days.
Judges
H Devraj, T Bailey, P Beck
Legal Topics
National Credit Act, Reckless Lending, Affordability Assessment, Prohibited Charges, Condonation Application
Banking and Finance Civil Procedure National Credit Act Reckless Lending Affordability Assessment Prohibited Charges Condonation Application

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Parties

National Credit Regulator

Applicant

Amazulwini Consulting CC t/a Amazulwini Credit Provider

Respondent

Procedural Posture

Urgent Application / Postponement Order

Legal Issues

  1. 1 Whether the Respondent should be granted a postponement to file a condonation application and Answering Affidavit.
  2. 2 Whether the Respondent's failure to comply with Tribunal Rules justifies proceeding on a default basis.
  3. 3 Whether the interests of justice require granting the Respondent an opportunity to oppose the application.

Ratio Decidendi

The Tribunal found that although the Respondent failed to comply with certain filing requirements under the Tribunal Rules, it had made various attempts to oppose the application and was engaged in settlement negotiations. Given the seriousness of the allegations against the Respondent, the Tribunal held that the interests of justice required granting the Respondent an opportunity to file the necessary documentation to oppose the matter. The Tribunal therefore postponed the matter sine die and ordered the Respondent to file and serve a condonation application and Answering Affidavit within 15 business days, failing which the matter would proceed on a default basis.

Court Disposition

The matter is postponed sine die, with directions for the Respondent to file and serve a condonation application and Answering Affidavit within 15 business days.

Orders

  • The matter is postponed sine die.
  • The Respondent must file and serve a condonation application and its Answering Affidavit in compliance with the Tribunal Rules within 15 business days of this order.