National Credit Regulator v Umsuka WeMali Finance (Pty) (Ltd) (NCT/91477/2017/140(1)) [2018] ZANCT 132 (24 October 2018)

National Credit Regulator v Umsuka WeMali Finance (Pty) (Ltd) (NCT/91477/2017/140(1)) [2018] ZANCT 132 (24 October 2018)

The Tribunal found that although the respondent failed to file a formal postponement application as required by the Rules, both parties were engaged in settlement discussions and the applicant consented to the postponement. The Tribunal expressed displeasure at the procedural non-compliance but granted the postponement in the interests of justice, emphasizing that the parties must adhere to Tribunal timeframes and submit a signed settlement agreement within 20 days. If no settlement is reached, the matter will proceed in accordance with the normal Tribunal rules.

Citation
[2018] ZANCT 132
Parties
Applicant: National Credit Regulator; Respondent: Umsuka Wemali Finance (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
24 October 2018
Case Number
NCT/91477/2017/140(1)
Procedural Posture
Civil Application / Postponement Order
Outcome
The matter is postponed sine die to allow for settlement discussions. The parties are required to submit a signed settlement agreement within 20 days, failing which the matter will proceed according to Tribunal rules.
Judges
M. Peenze, T. Bailey, D Terblanche
Legal Topics
National Credit Act, Postponement, Settlement Agreement, Tribunal Rules
Banking and Finance Civil Procedure National Credit Act Postponement Settlement Agreement Tribunal Rules

Case Brief

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Parties

National Credit Regulator

Applicant

Umsuka Wemali Finance (Pty) Ltd

Respondent

Procedural Posture

Civil Application / Postponement Order

Legal Issues

  1. 1 Whether the matter should be postponed due to the unavailability of preferred legal counsel for the respondent.
  2. 2 Whether the Tribunal should condone the failure to file a formal postponement application as required by the Tribunal Rules.
  3. 3 Whether the parties should be granted time to pursue settlement discussions.

Ratio Decidendi

The Tribunal found that although the respondent failed to file a formal postponement application as required by the Rules, both parties were engaged in settlement discussions and the applicant consented to the postponement. The Tribunal expressed displeasure at the procedural non-compliance but granted the postponement in the interests of justice, emphasizing that the parties must adhere to Tribunal timeframes and submit a signed settlement agreement within 20 days. If no settlement is reached, the matter will proceed in accordance with the normal Tribunal rules.

Court Disposition

The matter is postponed sine die to allow for settlement discussions. The parties are required to submit a signed settlement agreement within 20 days, failing which the matter will proceed according to Tribunal rules.

Orders

  • The matter is postponed sine die.
  • The parties must submit a written settlement agreement, signed by both authorised parties, to the Tribunal Registrar within 20 days of the date of this order.