| (1) |
Within 40 business days after filing a Notice of Appeal, the appellant must— |
| (a) |
serve on the Commission and on each respondent a copy of the record of the proceedings in the Tribunal; and |
| (b) |
file with the registrar four copies of that record, one of which must be certified by the registrar of the Tribunal. |
| (2) |
An appellant may apply to the Judge President for an order to extend the time for delivery of the Appeal Record, if— |
[Words preceding subrule (2)(a) substituted by General Notice 1255 dated 18 November 2005]
| (a) |
the Appellant has requested the respondent to condent [sic] to an extension; and |
| (b) |
the respondent has refused that request. |
| (3) |
An appellant who fails to deliver the Appeal Record as required by this Rule will be deemed to have withdrawn the appeal unless, within the prescribed period, the appellant has either— |
| (a) |
filed the respondent’s consent to extend the time; or |
| (b) |
served on the respondent an order granted in terms of subrule (2) extending the time for delivery of the Appeal Record. |
[Subrule (3) substituted by General Notice 1255 dated 18 November 2005]
| (4) |
If an appellant has withdrawn the appeal, or, in terms of subrule (3), is deemed to have withdrawn the appeal, any respondent who has noted a Cross-Appeal may, within ten business days of the date on which a notice of withdrawal is delivered by the appellant or the date on which the appellant is deemed to have withdrawn the appeal, deliver a notice of intention to prosecute the cross-appeal. |
| (5) |
A respondent who has delivered a notice in terms of subrule (4)— |
| (a) |
is, for the purposes of subrule (1), deemed to be the appellant; and |
| (b) |
must deliver the Appeal Record within 40 business days after the date upon which the appellant withdrew the appeal, or on which the appeal was deemed to have been withdrawn. |
[Subrule (5) substituted by General Notice 1255 dated 18 November 2005]
Public Service Commission Act, 1997
