National Credit Regulator v Amplisol (Pty) Ltd (NCT/35434/2015/57(1)) [2019] ZANCT 58 (6 May 2019)

National Credit Regulator v Amplisol (Pty) Ltd (NCT/35434/2015/57(1)) [2019] ZANCT 58 (6 May 2019)

The Tribunal dismissed the Respondent's points in limine, finding that the Applicant was prepared to proceed on the papers and that the matter had been delayed for an excessive period. The Tribunal emphasized its statutory duty to resolve matters efficiently and held that the parties should argue the case on the papers before it. However, in the interests of justice and given the Respondent's request to call witnesses, the Tribunal allowed the Respondent to call witnesses and postponed the matter sine die. The Tribunal did not need to decide on the adjournment for review as the issue became moot after the Respondent opted to call witnesses.

Citation
[2019] ZANCT 58
Parties
Applicant: National Credit Regulator; Respondent: Amplisol (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
6 May 2019
Case Number
NCT/35434/2015/57(1)
Procedural Posture
Review Application / Points in Limine and Postponement
Outcome
The matter is postponed sine die to allow the Respondent to call witnesses in accordance with Tribunal rules.
Judges
Tanya Woker, H Devraj, A Potwana
Legal Topics
National Credit Act, Deregistration of Credit Provider, Points in Limine, Non Joinder, Dispute of Fact
Banking and Finance Civil Procedure National Credit Act Deregistration of Credit Provider Points in Limine Non Joinder Dispute of Fact

Case Brief

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Parties

National Credit Regulator

Applicant

Amplisol (Pty) Ltd

Respondent

Procedural Posture

Review Application / Points in Limine and Postponement

Legal Issues

  1. 1 Whether there is a real dispute of fact that requires oral evidence and cross-examination.
  2. 2 Whether there has been a non-joinder of necessary parties to the application.
  3. 3 Whether the matter should proceed on the papers or be postponed for witnesses to be called.

Ratio Decidendi

The Tribunal dismissed the Respondent's points in limine, finding that the Applicant was prepared to proceed on the papers and that the matter had been delayed for an excessive period. The Tribunal emphasized its statutory duty to resolve matters efficiently and held that the parties should argue the case on the papers before it. However, in the interests of justice and given the Respondent's request to call witnesses, the Tribunal allowed the Respondent to call witnesses and postponed the matter sine die. The Tribunal did not need to decide on the adjournment for review as the issue became moot after the Respondent opted to call witnesses.

Court Disposition

The matter is postponed sine die to allow the Respondent to call witnesses in accordance with Tribunal rules.

Orders

  • The matter is postponed sine die.
  • The Applicant must, by 24 May 2019, ensure that the necessary processes have been complied with regarding the calling of witnesses in accordance with the Tribunal rules.