National Credit Regulator v Sliksam Cash Loans (Pty) Ltd (NCT/127512/2019/140) [2019] ZANCT 134 (25 July 2019)

National Credit Regulator v Sliksam Cash Loans (Pty) Ltd (NCT/127512/2019/140) [2019] ZANCT 134 (25 July 2019)

The Tribunal found that the Respondent provided a reasonable and bona fide explanation for the delay in filing its answering affidavit, including lack of awareness of procedural rules, absence of legal representation, internal company disputes, and logistical challenges. The Respondent demonstrated cooperation with the investigation and made genuine efforts to comply once aware of the requirements. The Tribunal considered the interests of justice, the absence of opposition from the Applicant, and the importance of allowing both parties to present their cases fully. The Tribunal concluded that condonation should be granted to ensure fairness and finality in the matter.

Citation
[2019] ZANCT 134
Parties
Applicant: National Credit Regulator; Respondent: Sliksam Cash Loans (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
25 July 2019
Case Number
NCT/127512/2019/140
Procedural Posture
Condonation Application / Ruling on Condonation for Late Filing of Answering Affidavit
Outcome
Condonation for the late filing of the Respondent's answering affidavit is granted.
Judges
MC Peenze
Legal Topics
Condonation, Late Filing of Affidavit, Tribunal Rules, Interests of Justice
Civil Procedure Condonation Late Filing of Affidavit Tribunal Rules Interests of Justice

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Parties

National Credit Regulator

Applicant

Sliksam Cash Loans (Pty) Ltd

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Respondent has shown good cause for condonation of the late filing of its answering affidavit.
  2. 2 Whether the interests of justice require that condonation be granted to allow the Respondent to oppose the main application.

Ratio Decidendi

The Tribunal found that the Respondent provided a reasonable and bona fide explanation for the delay in filing its answering affidavit, including lack of awareness of procedural rules, absence of legal representation, internal company disputes, and logistical challenges. The Respondent demonstrated cooperation with the investigation and made genuine efforts to comply once aware of the requirements. The Tribunal considered the interests of justice, the absence of opposition from the Applicant, and the importance of allowing both parties to present their cases fully. The Tribunal concluded that condonation should be granted to ensure fairness and finality in the matter.

Court Disposition

Condonation for the late filing of the Respondent's answering affidavit is granted.

Orders

  • The application for condonation is granted.
  • The Applicant must file its replying affidavit within 10 days of the issuing of this judgment on the Respondent and file same on the Tribunal.