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National Ports Act, 2005 (Act No. 12 of 2005)

Notices

Directives in terms of Section 30(3) of the Act

Directives

Chapter 1 : Complaints against the Authority

6. Hearing into a complaint

 

(1) Before directing that a hearing be held, the Regulator shall notify the Authority of its intention to so direct and ensure that the Authority has been provided with a copy of the complaint.

 

(2) The Regulator may give notice of a hearing in a newspaper or in any other manner it deems fit if the Regulator is of the view that it would be in the public interest to do so.

 

(3) A notice published in terms of subdirective (4) must—
(a) be in at least two of the official  languages and take into account  the language preferences and usage in the province or area concerned;
(b) state particulars of the matter that is being investigated and the place where members of the public can access copies of the complaint and any response to the complaint provided by the Authority, save for those portions that the Regulator has determined to be confidential following a request from the Authority in terms of directive 17;
(c) state the venue of the hearing and the time and date on which the hearing will commence;
(d) invite any person who has a material interest in the hearing to make written submissions to the Regulator regarding the subject-matter of the hearing and determine the date for such submissions, which should be not less than 30 days after the date of publication of the notice;
(e) if the Regulator considers it appropriate, invite members of the public to attend the hearing; and
(f) invite any person who has a material interest in the hearing and wishes to participate in the hearing to make an application to the chairperson of the hearing panel in accordance with directive  14(2).

 

(4) To ensure that the hearing is brought to the attention of the public, the Regulator may, in addition, publicise the information referred to in subdirective (3) by way of communications through the printed or electronic media, including by way of press releases, press conferences, the Internet, radio or television broadcasts, posters or leaflets.

 

(5) If the Regulator determines that a hearing will be conducted, the Regulator shall advise the complainant and the Authority of its determination and of the date, time and place where the hearing will be held, and of the fact that the Authority and the complainant are entitled to legal or other representation  at the hearing.

 

(6) Any such hearing will be conducted in the manner set out in sections 49, 50, 51, 52 and 53 of the Act, as well as in chapter 3 of these directives and shall take account of the Regulatory Principles of the Regulator.