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South Africa Order

National Consumer Tribunal

Steynberg v HA Harper (Sole Proprietor) and Another (NCT/133313/2019/75(1)(b)) [2019] ZANCT 133 (8 August 2019)

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Source document

01

Holding and result

The Tribunal determined that, in the interests of due process and to allow the applicant to file an amendment application under Rule 15, the matter should be postponed sine die. The respondent's absence, due to an unsubstantiated claim of hospitalisation, did not prejudice the applicant's request for postponement. The Tribunal found that postponement would allow for proper ventilation of the issues and ensure that the main application is procedurally sound before being heard.

Court disposition

The matter is postponed sine die with no order as to costs.

Orders

  • The matter is postponed sine die.
  • There is no order as to costs.

02

Material facts

Parties

Ernst Frederick David Steynberg

Applicant

HA Harper (sole proprietor) t/a Umdloti Construction

Respondent

03

Procedural history

  1. Posture

    Leave to Appeal / Postponement Order

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant requested a postponement to file an application under Rule 15 of the Tribunal Rules, seeking to amend aspects of the main application for leave to refer the matter directly to the Tribunal under section 75(1)(b) of the Consumer Protection Act. The applicant argued that the amendment would correct procedural aspects and ensure the matter is properly before the Tribunal.
Respondent
The respondent was not present at the hearing, having sent an email stating he was in hospital, but did not provide documentary proof. No substantive argument was advanced by the respondent.

05

Court’s reasoning

  1. 01

    Rule 15 of the Rules for Conduct of Matters Before the National Consumer Tribunal

    A postponement may be granted in the interests of due process, especially where additional information may become available to assist the Tribunal in determining the matter.

  2. 02

    Consumer Protection Act 68 of 2008

    An application for leave to refer a matter directly to the Tribunal must comply with section 75(1)(b) of the Consumer Protection Act 68 of 2008.

06

Ratio, limits and disposition

Ratio decidendi

The Tribunal determined that, in the interests of due process and to allow the applicant to file an amendment application under Rule 15, the matter should be postponed sine die. The respondent's absence, due to an unsubstantiated claim of hospitalisation, did not prejudice the applicant's request for postponement. The Tribunal found that postponement would allow for proper ventilation of the issues and ensure that the main application is procedurally sound before being heard.

Obiter and limits

  • The Tribunal noted that the main matter is unopposed, which may streamline future proceedings.
  • The absence of documentary proof of the respondent's hospitalisation was recorded but did not affect the decision to postpone.

Court disposition

The matter is postponed sine die with no order as to costs.

  • The matter is postponed sine die.
  • There is no order as to costs.

Source and reliance status

National Consumer Tribunal

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Judgment reading view

Judgment text

The complete available source text.

Source document

National Consumer Tribunal

Order

[2019] ZANCT 133

IN THE NATIONAL CONSUMER

TRIBUNAL

HELD

IN CENTURION

Case number: NCT/133313/2019/75(1)(b)

In the matter between:

ERNST

FREDERICK DAVID STEYNBERG

APPLICANT

and

HA HARPER (SOLE PROPRIETOR)

RESPONDENT

T/A

UMDLOTI CONSTRUCTION

Dr L Best

- Presiding Tribunal Member

Date of Hearing – 8 August 2019

POSTPONEMENT

ORDER

1. The Applicant is Ernst Frederick David Steynberg; an adult male residing in the Potchefstroom area. The Applicant represented himself at the hearing.

2. The Respondent is HA Harper (sole proprietor) trading as Umdloti Construction from 50A Club Mykonos, Belamont Drive, Umdloti. The Respondent is not before the National Consumer Tribunal (the Tribunal). An email was received from the Respondent on the day of the hearing; that he was in hospital; but documentary proof of this was not available at the time of the hearing. The Respondent was accordingly not present at the hearing.

3. The matter was set down on 8 August 2019.

4. At the hearing, the Applicant requested a postponement in order to file an application in terms of Rule 15 of the Rules for Conduct of Matters Before the National Consumer Tribunal; seeking an amendment aimed at correcting aspects of the main application for leave to refer a matter directly to the Tribunal in terms of section 75(1)(b) of the Consumer Protection Act 68 of 2008.

5. The main matter is unopposed.

6. The postponement request was considered in the interest of allowing due process; which could result in additional information being available when the matter is fully heard.

ORDER

7. The Tribunal made the following order:-

7.1The matter is postponed sine die.

7.2There is no order as to costs.

Thus handed down; in Centurion; this 8th Day of August 2019

(signed)

Dr L Best

Presiding Tribunal Member

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Consumer Protection Act 68 of 2008

Legislation

Legislation referenced in the available case record.

Rules for Conduct of Matters Before the National Consumer Tribunal

Legislation

Legislation referenced in the available case record.

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