Road Traffic Management Corporation Act, 1999
R 385
Transport Appeal Tribunal Act, 1998 (Act No. 39 of 1998)RegulationsTransport Appeal Tribunal Regulations, 20265. Appeal procedure: Tribunal |
| (1) | The Tribunal may at any stage of the appeal proceedings, at its own discretion or on application by the appellant or any other party to the appeal, allow any document submitted by any party to be amended upon such terms as the Tribunal considers just. |
| (2) | The Tribunal may, in special circumstances and on good cause shown, allow evidence not given before the relevant entity to be admitted. |
| (3) | The Tribunal may rule that any point which appears to be an issue in the appeal should be determined as a preliminary issue and the Tribunal may in appropriate circumstances, decide on the appeal in terms of section 12 of the Act based on its decision on such a preliminary issue. |
| (4) | A preliminary issue contemplated in sub-regulation (3) may be raised by any party to the appeal. |
| (5) | If in the opinion of the Tribunal, the determination of a preliminary issue will substantially dispose of the entire appeal, the Tribunal may treat the hearing of the preliminary issue as the hearing of the appeal and may grant a decision which will dispose of the matter as it deems fit. |
| (6) | Any notice or reply filed by the parties to an appeal with the Tribunal must first be served on all other parties and proof of service must be furnished to the Tribunal. |
| (7) | For a partly heard matter to proceed, a majority of Tribunal members who initially heard the matter, must be present and continue to be present at every subsequent sitting until the matter is finalized. |
| (8) | The Tribunal may in its discretion postpone the hearing of an appeal or alter the place of any hearing of the appeal. |
| (9) | If the Tribunal decides on or dismisses an appeal in terms of section 12 of the Act, or postpones an appeal or alters the place of any hearing in terms of sub-regulation (8), the designated official must notify all parties to the appeal of the Tribunal’s decision or ruling in writing not later than 10 days after such decision or ruling. |
| (10) | Any irregularity resulting from a failure to comply with any provision of these Regulations before the Tribunal has reached its decision does not in itself render the proceedings void. |
| (11) | Any clerical mistake or error in any document recording a decision of the Tribunal, or any error arising in such a document from an incidental error or omission may be corrected by the person presiding at the proceedings in which the decision was made. |
| (12) | Before the commencement of any hearing of an appeal, members of the Tribunal must disclose any direct or indirect financial or personal interest that any of them may have in any matter before the Tribunal that may affect the impartiality of the member concerned. |
| (13) | The chairperson may at his or her discretion after consideration of all disclosures, if any, contemplated in sub-regulation (12) make a ruling for the relevant member/s to be recused from such hearing or make any other ruling that will ensure the impartiality of the Tribunal. |
| (14) | Tribunal sittings are limited as members are engaged on a part-time basis. The Tribunal is therefore unable to hear matters on the basis of urgency or grant interim orders. |
| (15) | The Tribunal is a quasi-judicial structure and is not empowered to grant costs orders against parties. |
