Pam's Financial Services (Pty) Ltd v National Credit Regulator, In Re: National Credit Regulator v Pam's Financial Services (Pty) Ltd (NCT/113255/2018/57(1) Rule 34) [2018] ZANCT 145 (19 November 2018)

Pam's Financial Services (Pty) Ltd v National Credit Regulator, In Re: National Credit Regulator v Pam's Financial Services (Pty) Ltd (NCT/113255/2018/57(1) Rule 34) [2018] ZANCT 145 (19 November 2018)

The Tribunal found that Pam's Financial Services served its Answering Affidavit on the NCR within the required period but failed to file it with the Tribunal due to technical difficulties. The explanation for the delay was accepted as reasonable. The Tribunal held that denying condonation would prejudice Pam's Financial Services, especially given the seriousness of the allegations and the potential consequences, including possible de-registration. The interests of justice require that the applicant be afforded an opportunity to respond fully to the allegations. The Tribunal exercised its discretion to grant condonation, ensuring that both parties can ventilate their cases before the...

Citation
[2018] ZANCT 145
Parties
Applicant: Pam's Financial Services (Pty) Ltd; Respondent: National Credit Regulator
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
19 November 2018
Case Number
NCT/113255/2018/57(1) Rule 34
Procedural Posture
Condonation Application / Ruling on Condonation for Late Filing of Answering Affidavit
Outcome
Condonation for the late filing of the Answering Affidavit is granted.
Judges
H Devraj
Legal Topics
Condonation, Late Filing of Affidavit, Tribunal Rules, Interests of Justice
Civil Procedure Condonation Late Filing of Affidavit Tribunal Rules Interests of Justice

Case Brief

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Parties

Pam's Financial Services (Pty) Ltd

Applicant

National Credit Regulator

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the Answering Affidavit by Pam's Financial Services.
  2. 2 Whether the explanation for the delay is reasonable and sufficient.
  3. 3 Whether the interests of justice favour granting condonation.

Ratio Decidendi

The Tribunal found that Pam's Financial Services served its Answering Affidavit on the NCR within the required period but failed to file it with the Tribunal due to technical difficulties. The explanation for the delay was accepted as reasonable. The Tribunal held that denying condonation would prejudice Pam's Financial Services, especially given the seriousness of the allegations and the potential consequences, including possible de-registration. The interests of justice require that the applicant be afforded an opportunity to respond fully to the allegations. The Tribunal exercised its discretion to grant condonation, ensuring that both parties can ventilate their cases before the...

Court Disposition

Condonation for the late filing of the Answering Affidavit is granted.

Orders

  • The condonation application for the late filing of the Answering Affidavit is granted.
  • The National Credit Regulator must file its Replying Affidavit within 10 days of receipt of this ruling.