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


Alternative Dispute Resolution Regulations

Chapter II : Alternative Dispute Resolution Rules

9. Decisions


(1) The possible decisions pursuant to a dispute before an adjudicator are limited to—
(a) in the case of abusive registrations the refusal of the dispute or the transfer of the disputed domain name to the complainant;
(b) in the case of offensive registrations the refusal of the dispute or the deletion and prohibition of the domain name from future registration;
(c) a refusal of the dispute as the dispute constitutes reverse domain name hijacking;
(d) cancellation of the disputed domain name as contemplated in subregulation (3).


(2) If three disputes from a Complainant were refused within a period of two years based on reverse domain name hijacking, the provider will not accept any further complainants from the complainant for a period of two years from the date of the last decision, except on good cause shown.


(3) In the case of abusive registrations, the cancellation of the domain name may be considered by the adjudicator when the complainant and a third party have rights or registered rights and it is a more appropriate remedy than the refusal or transfer of the domain name.


[Regulation 9 substituted by regulation 6 of Notice No. 1246, GG 41237, dated 10 November 2017]