| (1) |
In order to consider an appeal before the Tribunal in terms of this Act, the Tribunal may— |
| (a) |
allow any person affected by the appeal or interested therein, or the duly authorised representative of any such person, to appear before the Tribunal and— |
| (i) |
to give evidence or make oral representations relevant to the appeal; |
| (ii) |
to call witnesses and lead evidence on any question relevant to the appeal; or |
| (iii) |
to question any person who testified at the appeal; |
| (b) |
summons any person who may reasonably be able to give information of material importance concerning the subject matter of the appeal or who has in any such person’s possession or custody or under any such person’s control any book, document or object which may reasonably have a bearing on the subject matter of the appeal, to appear before the Tribunal; |
| (c) |
call upon and administer any oath to, or accept an affirmation from, any person present at the appeal who has or might have been summonsed in terms of paragraph (b); |
| (d) |
question any person who has been called upon in terms of paragraph (c) or require any such person to produce any book, document or object in any such person’s possession or custody or under any such person’s control which may reasonably have a bearing on the subject matter of the appeal. |
| (2) |
A summons for a person to appear before the Tribunal must be— |
| (b) |
signed by the chairperson of the Tribunal or any other member designated by the chairperson; and |
| (c) |
served in the prescribed manner. |
| (3) |
Subject to the provisions of subsection (4), the law relating to privilege, as applicable to a witness summonsed to give evidence or to produce any book, document or object before a court of law, will apply in respect of the questioning of any person by, or the production of any book, document or object before, the Tribunal in terms of this section. |
(4)
| (a) |
Where, in terms of the National Land Transport Act, or the Cross-Border Road Transport Act, it would have been permissible for the regulatory entity or the Regulatory Committee, as the case may be, to take any person’s road transport law enforcement profile or previous traffic or transport-related contraventions into consideration, the Tribunal may compel any such person to give self-incriminating evidence, but the person presiding at the appeal must direct that such evidence will be given in camera and that it will not be made public in any manner whatsoever, except by order of a competent court or for the purposes of review or appeal. |
| (b) |
No self-incriminating evidence so given will be admissible as evidence at any proceedings in respect of an offence, except in the case of perjury or any offence under section 15(c)(i), (d) or (e). |
[Section 14(a) substituted by section 8 (a) of the Transport Appeal Tribunal Amendment Act, 2024 (Act No. 41 of 2024), Notice No. 6159, GG52569, dated 25 April 2026, commenced by Proclamation Notice 337, GG55207, dated 17 August 2026]
| (5) |
The Tribunal must investigate any unreasonable delay caused by a person in the completion of its proceedings or any frivolous, vexatious or irrelevant actions on the part of any person in the course of its proceedings which appear to the Tribunal to be unreasonable and which delays or actions could cause substantial prejudice to the State, the appellant or any other interested party, and must consider the following factors in deciding whether a delay is unreasonable: |
| (a) |
The duration of the delay; |
| (b) |
the reasons advanced for the delay; |
| (c) |
whether any person can be held responsible for the delay; |
| (d) |
the effect of the delay on the personal or financial circumstances of the State, the appellant or any other interested party; and |
| (e) |
any other factor which, in the opinion of the Tribunal, must be taken into account. |
| (6) |
If the Tribunal finds that the completion of its proceedings is being delayed unreasonably, or that any action is frivolous, vexatious or irrelevant, it may issue any order that it considers necessary to eliminate the delay or action concerned and any prejudice resulting from it or to prevent further delay or prejudice, including an order— |
| (a) |
refusing further postponement of the proceedings; or |
| (b) |
granting a postponement subject to such conditions as it may determine |
[Section 14(5)(6) inserted by section 8 (b) of the Transport Appeal Tribunal Amendment Act, 2024 (Act No. 41 of 2024), Notice No. 6159, GG52569, dated 25 April 2026, commenced by Proclamation Notice 337, GG55207, dated 17 August 2026]
Road Traffic Management Corporation Act, 1999
