Zamisa v NMI Durban South Coast Motors (Pty) Ltd t/a Union Motors South Coast (NCT/84084/2017/75(1)) [2018] ZANCT 38 (13 June 2018)

Zamisa v NMI Durban South Coast Motors (Pty) Ltd t/a Union Motors South Coast (NCT/84084/2017/75(1)) [2018] ZANCT 38 (13 June 2018)

The Tribunal found that the principles of natural justice require that both parties be given a fair opportunity to present their cases. Denying the Respondent a postponement would unfairly infringe this right, especially given the short notice and lack of preparation time. The Tribunal also noted that the Applicant had previously been granted condonation for late filing of her corrected affidavit, demonstrating flexibility in procedural matters. Accordingly, the Tribunal granted the postponement and ordered that a pre-hearing conference be arranged to narrow the issues.

Citation
[2018] ZANCT 38
Parties
Applicant: Nonhlanhla Aurelia Zamisa; Respondent: NMI Durban South Coast Motors (Pty) Ltd t/a Union Motors South Coast
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
13 June 2018
Case Number
NCT/84084/2017/75(1)
Procedural Posture
Postponement Application / Hearing on Application for Postponement
Outcome
The matter was adjourned sine die and a pre-hearing conference was ordered. No order as to costs was made.
Judges
PA Beck, B Dumisa, MMD Nkomo
Legal Topics
Postponement, Natural Justice, Condonation, Pre Hearing Conference
Civil Procedure Postponement Natural Justice Condonation Pre Hearing Conference

Case Brief

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Parties

Nonhlanhla Aurelia Zamisa

Applicant

NMI Durban South Coast Motors (Pty) Ltd t/a Union Motors South Coast

Respondent

Procedural Posture

Postponement Application / Hearing on Application for Postponement

Legal Issues

  1. 1 Whether the Respondent should be granted a postponement of the hearing.
  2. 2 Whether the Respondent was properly before the Tribunal given the alleged late filing of its answering affidavit.
  3. 3 Whether both parties have been afforded a fair opportunity to present their cases.

Ratio Decidendi

The Tribunal found that the principles of natural justice require that both parties be given a fair opportunity to present their cases. Denying the Respondent a postponement would unfairly infringe this right, especially given the short notice and lack of preparation time. The Tribunal also noted that the Applicant had previously been granted condonation for late filing of her corrected affidavit, demonstrating flexibility in procedural matters. Accordingly, the Tribunal granted the postponement and ordered that a pre-hearing conference be arranged to narrow the issues.

Court Disposition

The matter was adjourned sine die and a pre-hearing conference was ordered. No order as to costs was made.

Orders

  • The matter is adjourned sine die.
  • The Registrar must arrange for a pre-hearing conference prior to the hearing of the matter.