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

Rules

Rules for Conducting Tribunal Proceedings

26. Conducting of Tribunal Proceedings
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1. Unless the Tribunal directs otherwise, the proceedings shall take place at 526 Madiba Street, Arcadia, Pretoria, Gauteng, 0007.

 

2. The Tribunal may, at the commencement of the proceedings, require Parties to make their opening statements, with the Applicant presenting first and the Respondent last, to provide members of the Tribunal with a clear overview of the factual and legal bases for each party’s case.

 

3. If it appears to the Tribunal that there is a question of law as it relates to Governing Legislation or fact that may conveniently be decided either before any evidence is led or separately from any other question, the Tribunal may, mero motu or on application by either party, make an order directing the disposal of such a question in such manner as it may deem fit and may order that all further proceedings be stayed until such question has been disposed of.

 

4. If a question in dispute is a question of law as it relates to Governing Legislation and the Parties are agreed on the facts, the facts may be admitted in the proceedings, either viva voce or by written statement, by the Parties and recorded by the Tribunal and an order may be given thereon without further evidence.

 

5. If at the close of documents exchange, the burden of proof is on the Applicant, the Applicant shall first adduce its evidence.

 

6. Either party shall be entitled to cross-examine any witness. The Tribunal may only ask questions for clarity.

 

7. If at the close of documents exchange the burden of proof is on the Respondent, the Respondent shall first adduce its evidence, and if necessary, the Applicant shall thereafter adduce its evidence.

 

8. If at the close of documents exchange, the burden of proof with regard to one or more of the issues is on the Applicant and that of proving others is on the Respondent, the Applicant shall be the first to lead evidence. The Respondent shall lead its evidence after the Applicant has closed its case.

 

9. In a case of dispute as to a Party on whom the burden of proof rests, the Tribunal shall direct which party shall first adduce evidence.

 

10. If, after the Applicant has closed its case, no case is made against a Respondent, the Respondent may apply for absolution from the instance. If the application is not granted, the Respondent shall then adduce its evidence.

 

11. Any Party may, with the leave of the Tribunal, adduce further evidence at any time before an order is made; but such leave shall not be granted if it appears to the Tribunal that prejudice will be caused to the other party.

 

12. After the evidence on behalf of both Parties has been adduced, the Parties may present their closing arguments. The Party who presented first shall have a right of reply.

 

13. If a Party to a matter fails to attend a hearing or to remain in attendance of the hearing before the Tribunal, and that Party:
(a) is the Applicant, the Tribunal may strike the matter off the roll and issue a written ruling to that effect; or
(b) is not the Applicant, the Tribunal may:
(iv) continue with the proceedings in the absence of that party, or
(v) adjourn the hearing to a later date.
(c) In arriving at a decision in terms of sub-rule (1)(a) or sub-rule (1)(b)(i) above, the Tribunal must first satisfy itself that the Party concerned was properly notified of the date, time and venue of the proceedings; and no satisfactory reason exists to justify non-appearance.

 

14. In arriving at a decision in terms of sub-rule 13(b)(ii) above, the Tribunal must first satisfy itself that a satisfactory reason exists to justify non-appearance.

 

15. If a matter is struck off the roll, a matter may not be re-enrolled unless:
(a) the Party concerned files an application for variation or rescission of a Tribunal order, to which is attached an affidavit setting out a satisfactory explanation for the failure to attend the hearing, within ten (10) working days of the date on which it became aware of such order; and
(b) the Tribunal, on considering the explanation offered, directs that the matter be re-enrolled.

 

16. If a Tribunal continued with proceedings in the absence of a party, that party may apply for rescission of a decision reached by the Tribunal in its absence on good cause.

 

17. A sitting of a Tribunal to hear any matter under these Rules shall be held and concluded within 60 business days from the date of Referral.

 

18. The Tribunal may adjourn the proceedings and reserve its decision or issue an order to close the matter.