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

Companies Regulations, 2011

Chapter 7 : Complaints, Applications and Tribunal Hearings

Part E : Initiating Tribunal Procedures

143. Answer

 

 

(1) Within 20 business days after being served with a Complaint Referral, or an application, that has been filed with the Tribunal, a respondent who wishes to oppose the complaint or application must—
(a) serve a copy of an Answer on the initiating party; and
(b) file the Answer with proof of service.

 

(2) An Answer that raises only a point of law must set out the question of law to be resolved.

 

(3) Any other Answer must be in affidavit form, setting out in numbered paragraphs—
(a) a concise statement of the grounds on which the complaint or application is opposed;
(b) the material facts or points of law on which the respondent relies; and
(c) an admission or denial of each ground, and of each material fact relevant to each ground, set out in the complaint or application.

 

(4) An allegation of fact set out in an initiating document that is not specifically denied or admitted in an Answer must be regarded as having been admitted.

 

(5) In an Answer, the respondent must qualify or explain a denial of an allegation, to the extent necessary in the circumstances.