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


Alternative Dispute Resolution Regulations

Chapter III : Alternative Dispute Resolution Procedure

32. Appeal


(1) Either party shall have the right to appeal a decision by submitting a statement of intention to appeal  within four days after the receipt of the decision as contemplated in regulation 30(1), together with the appeal fee provided for in regulation 34(3), which must within 15 days be followed by an appeal notice: Provided that only a decision by a single adjudicator, and not a decision of three adjudicators, can be appealed.

[Regulation 32(1) substituted by regulation 13(a) of Notice No. 1246, GG 41237, dated 10 November 2017]


(2) A statement of intention to appeal should contain such information to make it clear that an appeal is requested and should not contain the actual grounds or reasons for appeal.


(3) An appeal notice may not exceed 1000 words and must set out detailed grounds and reasons for the appeal.


(4) The provider shall forward the statement of intention to appeal or appeal notice, as the case may be, to the other party within three days of receipt of—
(a) the statement of the intention to appeal and the appeal fee; or
(b) the appeal notice.


(5) Within 15 days of receiving the appeal notice from the provider the other party may submit an appeal notice response to the provider.

[Regulation 32(5) substituted by regulation 13(b) of Notice No. 1246, GG 41237, dated 10 November 2017]


(6) An appeal notice response may not exceed 1000 words, must set out detailed grounds and reasons why the appeal should be rejected.


(7) Following the filing of an appeal notice response, or the expiry of the deadline to do so, the provider shall appoint an appeal panel of three adjudicators.


(8) The adjudicators on the appeal panel must be impartial and must consist of—
(a) the chairperson of the provider’s group of adjudicators; and
(b) the next available two adjudicators appointed by rotation from the provider’s list.


(9) The appeal panel will not take into consideration any new evidence presented in an appeal notice or appeal notice response, unless they believe that it is in the interests of justice to do so.


(10) Regulation 29 and 30 shall apply mutatis mutandis to appeal decisions, except that—
(a) appeal decisions must be returned by the appeal panel to the provider within 20 days of the appointment of the last adjudicator,
(b) appeal decisions cannot be subject to any further appeal in terms of these Regulations.