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Financial Sector Regulation Act, 2017 (Act No. 9 of 2017)

Chapter 15 : Financial Services Tribunal

Part 4 : Reconsideration of decisions

232. Proceedings for reconsideration of decisions

 

(1) In proceedings for reconsideration of a decision—
(a) the procedure is, subject to the financial sector laws and the Tribunal rules, determined by the Chairperson;
(b) the proceedings are to be conducted with as little formality and technicality, and as expeditiously, as the requirements of the financial sector laws and a proper consideration of the matter permit; and
(c) any party may be represented by a legal representative.

 

(2) The person chairing a panel may give directions to facilitate the conduct of proceedings for reconsideration of a decision before the panel.

 

(3) A panel must conduct any hearing it holds in public, but the person presiding over the panel may direct that a person be excluded from a hearing on any ground on which it would be proper to exclude a person from civil proceedings before the High Court.

 

(4) In proceedings for reconsideration of a decision, the panel is not bound by the rules of evidence, but may, subject to this section, inform itself on any relevant matter in any appropriate way.

 

(5) The person presiding over a panel—
(a) may, on good cause shown, by order, direct a specified person to appear before the panel at a time and place specified in the order to give evidence, to be questioned or to produce any document; and
(b) must administer an oath to or accept an affirmation from any person called to give evidence.

 

(6) A person giving evidence or information, or producing documents, has the protections and liabilities of a witness giving evidence in proceedings before the High Court.