participation in that hearing. I accept that “hearing”...is the set down date at which adjudication will take place. This does not mean that the Legislature contemplated that...a party who is absent from such a hearing is necessarily not a participant..."
"While ordinarily a hearing may well form part of proceedings, not all proceedings result in a hearing. A matter that is settled will unlikely result in a hearing. A hearing, generally speaking, but also in the context of the NCA, forms a distinct and separate part of...
(1/3) Judgment on Wednesday, 3 June 2026 at 10h00: The Constitutional Court held that section 148(2)(b) of the National Credit Act 34 of 2005 requires a party to have participated in the hearing of a dispute by being physically present and engaged in order to appeal.
Minority counter:
"Both judgments accept that the hearing contemplated in section 148(2)(b) refers to the set down before the Tribunal at which adjudication takes place. The point of departure lies not in the identification of the hearing, but in what constitutes...