Phumelela Pension Fund, PF 36533 and Another v National Credit Regulator (NCT/117418-2018-59(1)) [2019] ZANCT 52 (21 March 2019)

Phumelela Pension Fund, PF 36533 and Another v National Credit Regulator (NCT/117418-2018-59(1)) [2019] ZANCT 52 (21 March 2019)

The Tribunal found that the application for condonation was not opposed, the degree of lateness was minimal (less than 10 days), and the Applicant provided a reasonable explanation for the delay due to office closure. The Tribunal determined that the filing of the answering affidavit would not hinder the administration of justice and that the Respondents would not be prejudiced. The matter was of substantial importance to the parties. On an objective conspectus of all the facts, the Tribunal concluded that good cause was shown and condonation should be granted.

Citation
[2019] ZANCT 52
Parties
Respondent: Phumelela Pension Fund, PF 36533; Respondent: Phumelela Provident Fund, PF 26534; Applicant: National Credit Regulator
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
21 March 2019
Case Number
NCT/117418-2018-59(1)
Procedural Posture
Condonation Application / Ruling on Condonation for Late Filing of Answering Affidavit
Outcome
Condonation granted for the late filing of the Applicant's answering affidavit.
Judges
A Potwana
Legal Topics
Condonation, Late Filing of Affidavit, Tribunal Rules, Good Cause, Interests of Justice
Civil Procedure Condonation Late Filing of Affidavit Tribunal Rules Good Cause Interests of Justice

Case Brief

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Parties

Phumelela Pension Fund, PF 36533

Respondent

Phumelela Provident Fund, PF 26534

Respondent

National Credit Regulator

Applicant

Procedural Posture

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

Legal Issues

  1. 1 Whether the Applicant has shown good cause for the late filing of its answering affidavit to be condoned.

Ratio Decidendi

The Tribunal found that the application for condonation was not opposed, the degree of lateness was minimal (less than 10 days), and the Applicant provided a reasonable explanation for the delay due to office closure. The Tribunal determined that the filing of the answering affidavit would not hinder the administration of justice and that the Respondents would not be prejudiced. The matter was of substantial importance to the parties. On an objective conspectus of all the facts, the Tribunal concluded that good cause was shown and condonation should be granted.

Court Disposition

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

Orders

  • Condonation is hereby granted to the Applicant for the late filing of its answering affidavit.
  • No order is made as to costs.