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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

159. Intervenors

 

 

(1) At any time after an initiating document is filed with the Tribunal, any person who has a material interest in the relevant matter may apply to intervene in the Tribunal proceedings by filing a Notice of Motion, which must—
(a) include a concise statement of the nature of the person's interest in the proceedings, and the matters in respect of which the person will make representations; and
(b) be served on every other participant in the proceedings.

 

(2) No more than 10 business days after receiving a Notice of Motion to intervene, a member of the Tribunal assigned by the Chairperson must either—
(a) make an order allowing the applicant to intervene, subject to any limitations—
(i) necessary to ensure that the proceedings will be orderly and expeditious; or
(ii) on the matters with respect to which the person may participate, or the form of their participation; or
(b) deny the application, if the member concludes that the interests of the person are not within the scope of the Act, or are already represented by another participant in the proceeding.

 

(3) Upon making an order in terms of sub-regulation (2), the assigned member may make an appropriate order as to costs.

 

(4) If an application to intervene is granted—
(a) the recording officer must send to the intervenor a list of all documents filed in the proceedings before the day on which the request for leave to intervene was granted; and
(b) access by an intervenor to a document filed or received in evidence is subject to any outstanding order of the Tribunal restricting access to the document.