| (1) |
Before, or within 20 business days after, the filing of documents is completed, a member of the Tribunal assigned by the Chairperson may convene a pre-hearing conference on a date and at a time determined by that member with— |
(a) the initiating party;
(b) each complainant in the matter;
(c) each Respondent; and
(d) any intervenors.
| (2) |
If a point of law has been raised, and it appears to the assigned member of the Tribunal at a pre-hearing conference to be practical to resolve that question before proceeding with the Conference, the member may— |
| (a) |
direct the recording officer to set only that question down for hearing by the Tribunal; and |
| (b) |
may adjourn the pre-hearing conference pending the resolution of that question by the Tribunal. |
| (3) |
The assigned member of the Tribunal may adjourn a pre-hearing conference from time to time. |
| (4) |
Pre-hearing conferences may be conducted in person or by telephone or both, need not follow formal rules of procedure, and are not open to the public. |
| (5) |
At a pre-hearing conference, the assigned member of the Tribunal may— |
| (a) |
establish procedures for protecting confidential information, including the terms under which participants may have access to that information; |
| (b) |
direct the Commission to investigate specific issues or obtain certain evidence; or |
| (c) |
give directions in respect of— |
| (i) |
technical or formal amendments to correct errors in any documents filed in the matter; |
| (ii) |
any pending Notices of Motion; |
| (iii) |
clarifying and simplifying the issues; |
| (iv) |
obtaining admissions of particular facts or documents; |
| (v) |
the production and discovery of documents whether formal or informal; |
| (vi) |
witnesses to be called by the Tribunal at the hearing, the questioning of witnesses and the language in which each witness will testify; |
| (aa) |
the exchange of summaries of expert opinions or other evidence that will be presented at the hearing; and |
| (bb) |
any other pre-hearing obligations of the parties; |
| (viii) |
determine the procedure to be followed at the hearing, and its expected duration; |
| (ix) |
a date, time and schedule for the hearing; or |
| (x) |
any other matters that may aid in resolving the matter. |
| (6) |
At a pre-hearing conference, the assigned member of the Tribunal may require each participant to submit at a date to be determined, but before the hearing, a written statement summarising its argument, if any, with respect to the complaint, and identifying what it believes are the major unresolved issues. |
| (7) |
After concluding a pre-hearing conference, the assigned member of the Tribunal must issue an order recording any agreements or rulings arising from matters considered at the pre-hearing conference. |
| (8) |
A member of the Tribunal assigned by the Chairperson may schedule a further prehearing conference on their own motion, and the provisions of this regulation apply to such a conference. |
Stamp Duties Act, 1968 (Act 77 of 1968)
