Electricity Regulation Act, 2006 (Act No. 4 of 2006)RulesRules for Conducting Tribunal Proceedings27. Postponements |
| 1. | Any Party to the proceedings may apply to the Tribunal for the postponement of a hearing on good cause shown, and if permitted by the Tribunal, the Regulator Support Unit will notify the Parties of the postponement in writing. |
| 2. | If the hearing is postponed to a date to be determined in the future, any Party to the matter may apply to the Tribunal for it to be re-enrolled in terms of Rule 13 above in future, but no preference will be given to such matter on the roll unless a Tribunal decides otherwise. |
| 3. | If the hearing is postponed to a specific future date, no Notice of Set-Down needs to be sent to the Parties in terms of Rule 13 above. |
| 4. | When a Party requests a postponement, the Tribunal may consider any relevant factors, including: |
| (a) | the reason for the postponement request; |
| (b) | the extent to which prejudice will be suffered by the Party requesting the postponement if the postponement is refused; |
| (c) | the extent to which any other Party will suffer prejudice if the postponement is granted; |
| (d) | the extent to which the Party requesting the postponement gave advance notice to other parties and to the Tribunal of its request for a postponement; |
| (e) | the consent of other Parties to the request for postponement; |
| (f) | the length of the requested postponement; |
| (g) | previous delays including the number and length of previous postponements granted at the request of or with the consent of the Party now requesting a postponement; |
| (h) | the public interest in the efficient and timely conduct of proceedings; and |
| (i) | any other possible effects on the fairness of the proceedings. |
| 5. | The Tribunal may refuse a postponement where: |
| (a) | the postponement was requested less than five (5) business days before the scheduled hearing date; |
| (b) | the Tribunal is not satisfied that the postponement is necessary; |
| (c) | the only ground for the requested postponement is that the Party unreasonably delayed retaining a representative; |
| (d) | the postponement would negatively affect the fairness of the proceedings; or |
| (e) | the Tribunal is of the opinion that it would be inappropriate to grant the postponement in the circumstances. |