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South Africa decisions
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Braai Block (Pty) Ltd v National Consumer Commission (NCT-384960-2025-165 - Rule 34) [2025] ZANCT 32 (18 June 2025)
The Tribunal refused condonation for Braai Block (Pty) Ltd’s late rescission application, finding the delay excessive, unexplained, and lacking prospects of success.
Mapoti v Xcelsior Financial Services (Pty) Ltd (NCT/279568/2023/141(1)(b) - Rule 34) [2023] ZANCT 48 (10 October 2023)
The Tribunal found that the applicant failed to provide a full and reasonable explanation for the extensive delay between the notice of non-referral issued in November 2021 and the eventual filing in December 2022. The explanation did not cover the entire period of delay and was deemed superficial and unconvincing. The Tribunal emphasized the principle of finality in litigation and held that granting condonation in the absence of a reasonable explanation would undermine this principle and would not be in the interests of justice. Accordingly, the applicant did not show good cause for condonat…
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Adjust 4 Sleep (Adjustable Beds) v Paladh (NCT-255043-2023-73(1)(b)) [2023] ZANCT 29 (5 September 2023)
The National Consumer Tribunal refused condonation for the late filing of a respondent’s answering affidavit, finding the explanation inadequate and incomplete.
Vally v Sid Forman Jewellers (NCT/263206/2023/75(1)) [2023] ZANCT 20 (3 July 2023)
The National Consumer Tribunal granted condonation for the late filing of an application for leave to refer a consumer dispute involving a pendant purchase.
Special Investigating Unit and Others v Kajee (GP22/2021) [2023] ZAST 5 (28 February 2023)
The Special Tribunal held that an exception cannot be brought by application, and that the defendant was barred from filing it late. The exception application was set aside.
Special Investigating Unit and Another v LNG Scientific (Pty) Ltd (GP03/2022) [2023] ZAST 4 (3 February 2023)
The Tribunal found that, in the absence of a specific rule regulating the period for noting an appeal to the Full Court, Uniform Rule 49(2) should be invoked under Tribunal Rule 28(1). This requires LNG Scientific to have filed its notice of appeal within 20 days of the Tribunal's order dated 7 September 2022. Since LNG Scientific failed to do so, and condonation has not yet been granted, there is no proper appeal pending before the Full Court. The Tribunal rejected LNG Scientific's argument that the 20-day period does not apply where leave to appeal is refused, holding that the automatic rig…
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National Credit Regulator v Sliksam Cash Loans (Pty) Ltd (NCT/127512/2019/140) [2019] ZANCT 134 (25 July 2019)
The Tribunal found that the Respondent provided a reasonable and bona fide explanation for the delay in filing its answering affidavit, including lack of awareness of procedural rules, absence of legal representation, internal company disputes, and logistical challenges. The Respondent demonstrated cooperation with the investigation and made genuine efforts to comply once aware of the requirements. The Tribunal considered the interests of justice, the absence of opposition from the Applicant, and the importance of allowing both parties to present their cases fully. The Tribunal concluded that…
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Voight trading as Cash Loans (Sole Proprietor) v National Credit Regulator In re: National Credit Regulator v Voight trading as Cash Loans (Sole Proprietor) (NCT/129036/2019140(1)NCA) [2019] ZANCT 142 (19 July 2019)
The Tribunal granted condonation for the late filing of an answering affidavit, finding the delay was not excessive and that sufficient cause was shown.
Adams t/a SA Credit Solutions (Pty) Ltd v National Credit Regulator In Re National Credit Regulator v Adams t/a SA Credit Solutions (Pty) Ltd (NCT/116600/2018/57(1)) [2019] ZANCT 99 (5 July 2019)
The National Consumer Tribunal granted condonation for a debt counsellor’s answering affidavit filed three minutes late, allowing the main cancellation dispute to proceed.
Experian South Africa (Pty) Ltd v National Credit Regulator, In Re: National Credit Regulator v Experian South Africa (Pty) Ltd (NCT/128838/2019/140(1)Rule34) [2019] ZANCT 94 (4 June 2019)
The Tribunal granted Experian condonation for a one-day-late answering affidavit, finding the delay was adequately explained and that justice required a full hearing.
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