Tshehla v Aucamp Eiendomsbeleggings t/a CA Motors (NCT/95341/2017/75(1)(b)) [2018] ZANCT 124 (21 September 2018)
- Citation
- [2018] ZANCT 124
- Status
- Order
- Jurisdiction
- South Africa
- Court
- National Consumer Tribunal
- Panel
- M Peenze
- Case number
- NCT/95341/2017/75(1)(b)
More details
- Court
- National Consumer Tribunal
- Panel
- M Peenze
- Case number
- NCT/95341/2017/75(1)(b)
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Tribunal found that, although the Respondent failed to comply with the prescribed timeframes for filing opposing documents, the interests of justice warranted granting a further opportunity for the Respondent to regularize its position. The Tribunal emphasized that the Rules exist to ensure a fair and prompt process for both consumers and service providers, and any deviation must be formally condoned. The postponement was granted on the condition that the Respondent files its condonation application and answering affidavit within 15 days, failing which the matter may proceed on a default basis.
Court disposition
The matter is postponed sine die, with directions for the Respondent to file its condonation application and answering affidavit within 15 days.
Orders
- The matter is postponed sine die.
- The Respondent must file its condonation application and answering affidavit within 15 days after the date of this order.
- Failure by the Respondent to file within the specified time may result in the matter being set down on a default basis.
- No order is made as to costs.
02
Material facts
Parties
Matlake James Tshehla
ApplicantAucamp Eiendomsbeleggings t/a CA Motors
Respondent Counsel: Ane Mostert03
Procedural history
Posture
Leave to Appeal / Postponement Order
04
Questions and positions
Legal issues
- 01
Whether the Respondent's failure to file opposing documents within the required timeframe should be condoned.
- 02
Whether the hearing should be postponed to allow the Respondent to file a condonation application and answering affidavit.
Party arguments
- Applicant
- The Applicant appeared in person and was assisted by a Sepedi translator. No formal argument was advanced regarding postponement, as the Applicant was present and ready to proceed.
- Respondent
- The Respondent, represented by Ane Mostert, explained that internal company confusion, staff turnover, and new appointments led to misunderstandings and failure to file the answering affidavit in time. The Respondent requested a postponement to regularize its position and file the necessary documents.
05
Court’s reasoning
Legal principles
- 01
National Consumer Tribunal Rules
Tribunal Rules require strict adherence to prescribed timeframes for filing documents, and deviations may only be condoned by formal application.
- 02
Consumer Protection Act 68 of 2008
Postponements are granted to ensure justice and allow parties a fair opportunity to present their arguments, but repeated postponements must be justified and timeframes strictly observed.
06
Ratio, limits and disposition
Ratio decidendi
The Tribunal found that, although the Respondent failed to comply with the prescribed timeframes for filing opposing documents, the interests of justice warranted granting a further opportunity for the Respondent to regularize its position. The Tribunal emphasized that the Rules exist to ensure a fair and prompt process for both consumers and service providers, and any deviation must be formally condoned. The postponement was granted on the condition that the Respondent files its condonation application and answering affidavit within 15 days, failing which the matter may proceed on a default basis.
Obiter and limits
- The Tribunal noted that repeated postponements undermine the efficiency and fairness of the process and should be avoided.
- Parties are urged to adhere strictly to the timeframes set by the Registrar to prevent unnecessary delays.
Court disposition
The matter is postponed sine die, with directions for the Respondent to file its condonation application and answering affidavit within 15 days.
- The matter is postponed sine die.
- The Respondent must file its condonation application and answering affidavit within 15 days after the date of this order.
- Failure by the Respondent to file within the specified time may result in the matter being set down on a default basis.
- No order is made as to costs.
Source and reliance status
National Consumer Tribunal
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
National Consumer Tribunal
Order
IN THE NATIONAL CONSUMER
TRIBUNAL
HELD IN CENTURION
Case number: NCT/95341/2017/75(1)(b)
In the matter between:
MATLAKE
JAMES
TSHEHLA
APPLICANT
and
AUCAMP EIENDOMSBELEGGINGS t/a CA
MOTORS
RESPONDENT
Coram:
Dr. M. Peenze Presiding Member
Date of Hearing 21 September 2018
POSTPONEMENT ORDER
INTRODUCTION
1. The Applicant is Mr Matlake James Tshehla, an adult male consumer,
residing in Vlakfontein, Lenasia ("the Applicant").
2. The Respondent is Aucamp Eiendomsbeleggings t/a CA Motors, a car sales dealership, 596 Barage Road Vereeniging ("the Respondent").
3. The Applicant lodged an application on or about 26 January 2018, in terms of section 75(1)(b) of the Consumer Protection Act, Act No 68 of 2008. The Application for Leave to Refer was properly served on the Respondent.
4. No opposing documents were served by the Respondent within the required
timeframe in terms of the Tribunal Rules.
5. The Registrar of the National Consumer Tribunal issued a Notice of Set Down - Leave to Refer for hearing on a default basis on 21 September 2018.
THE
HEARING
6. At the hearing the Applicant represented himself, but was assisted by a Sepedi translater as provided by the National Consumer Tribunal.
7. A representative of the Respondent, Ane Mostert, turned up at the hearing unannounced, explaining that there were confusion and misunderstandings with regard to this matter in his company. He also outlined that new appointments were made and that staff turnover in his company contributed to laxity in addressing the Applicant's matter. These internal challenges also lead to the failure to file its answering affidavit in time.
8. The Tribunal emphasized that the Tribunal Rules are guiding a fair and prompt process to protect consumers and service providers alike. Timeframes outlined in these Rules must be respected and any deviation can only be condoned by way of a formal application.
9. Any postponement to be granted must therefore be interpreted as an
attempt by the Tribunal to ensure that justice is served in that parties are being provided with an opportunity to put their arguments
before the Tribunal for adjudication in the event that settlement discussions are not successful. Since this will be the second time that the Leave to Refer hearing is requested to be postponed, it will be in the interest of justice that every attempt is made by the parties to adhere to the timeframes put by the Registrar to provide the required documents to the Tribunal.
ORDER
10. The matter is postponed sine die.
11. The Respondent must file its condonation application and answering affidavit within 15 days after date of this order.
12. Failure by the Respondent to file within the specified time as directed by the Registrar, may result in the matter being set down on a default basis.
13. No order is made as to costs.
DATED 21 SEPTEMBER 2018
(signed)
Dr. MC Peenze
Presiding Tribunal Member
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