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

Rules

Rules for Conducting Tribunal Proceedings

24. Default Order

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1. If a person served with a notice of Referral has failed to Answer within the prescribed period of fifteen (15) business days, the initiating Party may apply to a Tribunal to have a default order issued.

 

2. The Tribunal may grant the order sought in terms of sub-rule(1) after it has heard any required evidence concerning the motion and it is satisfied that the initiating document was adequately served.

 

3. The default order must be served on or made available to all the Parties within three (3) working days from the date of the order.

 

4. A Party aggrieved by the default order issued against them may apply for the recission or varying of the default order only in the following circumstances:
(i) The default order was erroneously sought or granted in the absence of the Party affected by the default order;
(ii) An omission or error common to all the Parties resulted in the issuance of the default order; and
(iii) A material fact was not disclosed to the Tribunal, which if the Tribunal was aware of at the time of granting the default order would not have granted the default order.