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

Companies Regulations, 2011

Chapter 7 : Complaints, Applications and Tribunal Hearings

Part F : Conduct of Tribunal Proceedings

149. Pre-hearing conferences

 

 

(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;
(vii) a timetable for—
(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.