| (a) |
notify the SACU Secretariat of the application; and |
| (b) |
ascertain whether an application dealing with a substantially similar matter is pending before the relevant SACU institution or has been decided upon by the relevant SACU institution within the previous six months from the date of that application. |
| (2) |
If the Commission determines that an application before it deals with a substantially similar matter contemplated in subsection (1)(b), the Commission may- |
| (a) |
advise the applicant in writing that the application will not be considered and inform the SACU Secretariat accordingly; or |
| (b) |
investigate and evaluate the application and recommend to the Tariff Board that the application be approved or rejected. |
| (3) |
If the Commission determines that an application before it does not deal with a substantially similar matter contemplated in subsection (1)(b), the Commission must evaluate the merits of the application and recommend to the Tariff Board that the application be approved or rejected. |
| (4) |
The Commission must, when evaluating a matter in terms of this section, apply any relevant rules of analysis established by the SACU Council through the formulation of policy mandates, procedures or guidelines contemplated in Article 8 (2). |
| (a) |
The Commission may, when considering an application referred to in section 26(1)(c), request the Commissioner for the South African Revenue Service to impose a provisional payment contemplated in Chapter VI of the Customs and Excise Act. |
| (b) |
If the Commission has acted in terms of paragraph (a) it must make a final recommendation to the Tariff Board when it has completed its evaluation. |
[Date of commencement of section 30: to be proclaimed]
Mandating Procedures of Provinces Act, 2008
