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Companies Act, 2008 (Act No. 71 of 2008)

Companies Regulations, 2011

Chapter 7 : Complaints, Applications and Tribunal Hearings

Part A : Definitions Used in This Chapter

129. Definitions

 

 

In this Chapter, unless the context indicates otherwise—

(a) "Answer" means a document as described in regulation 143 and filed by a respondent;
(b) "applicant" means a person who submits an application to the Tribunal in terms of the Act or this Chapter;
(c) "Application" means a request submitted to the Tribunal in terms of the Act or these regulations;
(d) "complaint" means—
(i) a matter that has been submitted to the Commission in terms of section 168 (1)(b);
(ii) a matter initiated by the Commission in terms of section 168 (2); or
(iii) a matter that the Minister has directed the Commission to investigate, in terms of section 168(3).
(e) "Complaint Referral" means an initiating document as described in regulations 140(3) and 141 for the purposes contemplated in section 170 (1)(b);
(f) "Dispute Referral" means an initiating document as described in regulation 132 for the purposes of referring a dispute for alternative resolution to the Tribunal or an accredited entity, as contemplated in section 166 (1);
(g) "initiating document", depending on the context, means either an Application, Complaint Referral, or a Dispute Referral;
(h) "initiating party"—
(i) in the case of a Complaint Referral, means the Commission, or other person referred to in regulation 141;
(ii) in the case of a Dispute Referral, means the person who referred the matter to the Tribunal or accredited entity in terms of section 166 (1), read with regulation 132;
(iii) in any other proceedings before the Tribunal, means the Applicant;
(i) "intervenor" means any person who has been granted standing to participate in particular proceedings before the Tribunal in terms of section 181 (c), read with regulation 159;
(j) "presiding member" means the member of the Tribunal designated by the chair to preside over particular proceedings;
(k) "Reply" means a document as described in regulation 144 and filed by an initiating party in response to an Answer;
(l) "respondent", when used in respect of—
(i) an application to review a notice issued by, or a decision of, the Commission, means—
(aa) the Commission, and
(bb) any other person concerned, except the applicant;
(ii) any other application, means the person against whom the relief is sought;
(iii) a Complaint Referral, means the person against whom that complaint has been initiated; or
(iv) a Dispute Referral, means any party to the dispute other than the initiating party;
(m) "sheriff" means a person appointed in terms of section 2 of the Sheriff's Act, 1986 (Act 90 of 1986), and includes a person appointed in terms of section 5 and section 6 of that Act as an acting sheriff and a deputy sheriff, respectively.