Electricity Regulation Act, 2006 (Act No. 4 of 2006)RulesRules for Conducting Tribunal Proceedings7. Initiating Tribunal Proceedings |
| 1. | Within twenty (20) business days after a Referral has met the requirements of Rule 6 above: |
| (a) | The Regulator Support Unit shall issue a Referral Notice, similar to Form 1 of Schedule 2, addressed to a Respondent, with a copy to a Complainant: |
| (i) | detailing the Contravention or non-compliance with the licence condition(s); |
| (ii) | providing a copy of the statement referred to in Rule 6(3); and |
| (iii) | detailing the relief sought. |
| 2. | With regard to the Tribunal proceedings initiated subsequent to an investigation report in terms of section 32 of the Electricity Regulation Act, or an allegation of contravention of the licence condition or the Electricity Regulation Act from the Applicant, the Regulator Support Unit shall issue a Notice of Referral similar to Form 2 of Schedule 2 requesting the Tribunal to: |
| (a) | consider the report; |
| (b) | hear representations by the Applicant, Complainant and Respondent; |
| (c) | take a decision on the correctness of the allegations and findings; and |
| (d) | issue and serve the Respondent with a notice to comply with the Act and/or licence condition. |
| 3. | In respect of Electricity Regulation, if it is alleged by the Applicant that a Licensee/Respondent has failed to comply with a notice issued in terms of section 18(2) of the Electricity Regulation Act, the Tribunal may: |
| (a) | decide on the allegation; and |
| (b) | if the allegation is correct, impose a penalty as prescribed in the Electricity Regulation Act. |