National Credit Regulator v Sebastiaan (NCT/104029/2018/57(1)) [2018] ZANCT 134 (16 October 2018)

National Credit Regulator v Sebastiaan (NCT/104029/2018/57(1)) [2018] ZANCT 134 (16 October 2018)

The Tribunal found that the application for condonation for the filing of the supplementary affidavit falls under Rule 34(1)(d) as a departure from the Tribunal's rules or procedures. The application was not opposed by the Respondent, and there was no indication that the NCR was acting to delay proceedings or cause prejudice. The Tribunal determined that good cause existed for condonation, as the corrections were necessary for the proper adjudication of the matter and the Respondent would have an opportunity to respond to the supplementary affidavit. The interests of justice required that the application be granted.

Citation
[2018] ZANCT 134
Parties
Applicant: National Credit Regulator; Respondent: Johannes Hendrik Sebastiaan Bernardo (trading as Secure Prime Solution)
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
16 October 2018
Case Number
NCT/104029/2018/57(1)
Procedural Posture
Condonation Application / Ruling on Condonation for Filing Supplementary Affidavit
Outcome
Condonation for the filing of the supplementary affidavit is granted. The Respondent may file an affidavit in response within 15 business days. No order as to costs.
Judges
J Simpson, A Potwana, H Devraj
Legal Topics
Condonation, Supplementary Affidavit, Tribunal Rules, Late Filing, Affidavit Procedure
Civil Procedure Condonation Supplementary Affidavit Tribunal Rules Late Filing Affidavit Procedure

Case Brief

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Parties

National Credit Regulator

Applicant

Johannes Hendrik Sebastiaan Bernardo (trading as Secure Prime Solution)

Respondent

Procedural Posture

Condonation Application / Ruling on Condonation for Filing Supplementary Affidavit

Legal Issues

  1. 1 Whether the Tribunal should condone the late filing of the National Credit Regulator's supplementary affidavit.
  2. 2 Whether the Respondent is prejudiced by the filing of the supplementary affidavit.
  3. 3 Whether the application for condonation falls within the scope of Rule 34(1)(d) of the Tribunal Rules.

Ratio Decidendi

The Tribunal found that the application for condonation for the filing of the supplementary affidavit falls under Rule 34(1)(d) as a departure from the Tribunal's rules or procedures. The application was not opposed by the Respondent, and there was no indication that the NCR was acting to delay proceedings or cause prejudice. The Tribunal determined that good cause existed for condonation, as the corrections were necessary for the proper adjudication of the matter and the Respondent would have an opportunity to respond to the supplementary affidavit. The interests of justice required that the application be granted.

Court Disposition

Condonation for the filing of the supplementary affidavit is granted. The Respondent may file an affidavit in response within 15 business days. No order as to costs.

Orders

  • Condonation is granted to the National Credit Regulator for the filing of the supplementary affidavit.
  • The Respondent may file an affidavit in response to the supplementary affidavit within 15 business days after the judgment is issued to the parties.