Road Traffic Management Corporation Act, 1999
R 385
Transport Appeal Tribunal Act, 1998 (Act No. 39 of 1998)RegulationsTransport Appeal Tribunal Regulations, 20263. Appeal procedure: Entity |
| (1) | The relevant entity receiving such a notice of appeal must within 21 days after the date of receipt of the notice of appeal, forward to the Tribunal and to all parties to the appeal:— |
| (a) | copies of all documents relating to the act, direction, decision or omission appealed against; |
| (b) | a copy of the original application form submitted to the entity; |
| (c) | a copy of the portion of the Government Gazette wherein the application was published, if applicable; |
| (d) | any written representations or objections lodged with it regarding the application; |
| (e) | any recommendations or comments received from planning authorities; |
| (f) | any maps and route descriptions that were considered; |
| (g) | copies of any applicable Integrated Transport Plans (ITPs) that were considered, or reasons why applicable ITPs were not considered; |
| (h) | a transcript or audio version of the proceedings before it; if the transcript is not available; |
| (i) | if applicable, copies of agreements relating to the application; and |
| (j) | any further documents that were considered during the application process. |
| (2) | The relevant entity receiving such a notice of appeal must also within 21 days after the date of receipt of the notice of appeal, forward to the Tribunal and to all parties to the appeal its reasons in writing for the act, direction, decision or omission appealed against. |
| (3) | The chairperson may, in any particular case, extend the period contemplated in sub-regulation (1) or 2). |
| (4) | The designated official must on receipt of documents contemplated in subregulations (1) and (2), ascertain if all the parties received the said documents and if not, request the relevant parties to forward the copies to the concerned parties and forward proof of such service to the Tribunal. |
| (5) | Thereafter, the designated official must request parties to the appeal to file their responses, if any, with the Tribunal and serve the same on all the parties to the appeal within 10 days of such request. |
| (6) | If the entity fails to provide the information set out in sub-regulations (1) or (2) within the period of 21 days prescribed in those sub-regulations, or any extended period granted, the Tribunal may: |
| (a) | proceed to hear the appeal on the basis of the lodged notice of appeal and attached documents, or |
| (b) | issue summons in the form of Form TAT 03 shown in Annexure 1 to be served on the chairperson of such entity in accordance with section 14(1)(b) of the Act calling upon him or her to appear before the Tribunal and produce the documents referred to in sub-regulation (1) or (2), as the case may be. |
