Electricity Regulation Act, 2006 (Act No. 4 of 2006)

Rules

Rules for Conducting Tribunal Proceedings

14. Pre-Hearing Meeting

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1. Prior to the first sitting of a Tribunal, in respect of a particular referral, the Tribunal may convene a pre-hearing meeting of all the Parties to the proceedings. Such a pre-hearing may be done online through Microsoft Teams or by the meeting of Parties in the same venue.

 

2. At a pre-hearing meeting, the Tribunal and all the Parties to the proceedings may:
(a) establish procedures for protecting confidential information, including the terms under which participants may have access to that information; and
(b) agree on:
(i) technical or formal amendments to correct errors in any documents filed in the matter,
(ii) clarifying and simplifying technical, legal and financial issues,
(iii) obtaining admissions of particular averments or documents,
(iv) the production and discovery of documents whether formal or informal,
(v) a list of witnesses to be called during the proceedings of the Tribunal, the questioning of witnesses and the language in which each witness will testify,
(vi) whether the Parties will be represented at a Tribunal hearing,
(vii) a date, place, time and schedule for the sitting of a Tribunal,
(viii) a date for submission of the heads of argument,
(ix) whether the proceedings will be oral or documentary,
(x) whether the Tribunal may make cost order, and the scale to be used in determining costs related to Tribunal proceedings, and
(xi) any other factor that might assist with fair and expedient resolution of the matter.

 

3. The Tribunal may give direction on any other matter, as it deems proper.

 

4. Within five (5) business days after a pre-hearing meeting, the Tribunal must provide minutes of the pre-hearing meeting and agreement on matters in sub-rule 12(2) above.