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Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)

Regulations

Alternative Dispute Resolution Regulations

Chapter III : Alternative Dispute Resolution Procedure

29. Adjudicator decisions

 

(1) An adjudicator must decide a dispute in accordance with the principles of law, on the basis of the dispute, response, and reply, if any, and further statements or documents submitted in accordance with these Regulations.

 

(2) The adjudicator must forward its decision on the dispute to the provider within 14 days of its appointment under regulation 20.

 

(3) The decision must be in writing, provide the reasons on which it is based, indicate the date on which it was rendered and identify the name of the adjudicator.

 

(4) If three adjudicators consider a dispute, the consentient views of at least two adjudicators shall constitute the decision.

 

(5) If one adjudicator has a dissentient view, such view should also accompany the decision.

 

(6) Decisions and dissentient views must comply with the guidelines as to length set forth in the provider's supplementary procedure.