Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)RegulationsAlternative Dispute Resolution RegulationsChapter III : Alternative Dispute Resolution Procedure16. Dispute |
| (1) | Subject to a provider’s supplementary procedure, any person may initiate a dispute by submitting the dispute in paper format, in triplicate and in electronic format to any approved provider: Provided the dispute complies with these Regulations. |
| (2) | Subject to a provider’s supplementary procedure, the dispute must— |
| (a) | request that the dispute be submitted to an adjudicator for adjudication; |
| (b) | provide the name, physical address (a domicilium citandi et executandi within the Republic of South Africa), e-mail addresses and the telephone and fax numbers of the complainant and of any representative authorised to act on behalf of the complainant in the dispute; |
| (c) | specify a preferred method for transmission of material or communications sent in both paper format and electronic copy; |
| (d) | specify whether a single or three adjudicators must decide the dispute and specify how payment of the fixed fee has been made with accompanying proof of payment; |
| (e) | provide detail of the registrant including the name and all contact information of the registrant to enable the provider to send a copy of the dispute to the registrant as provided for in terms of regulation 17(2); |
| (f) | specify the domain name(s) that is the subject of the dispute, which may be more than one domain name: Provided that the same registrant registered the domain names; |
| (g) | identify the second level domain administrator with whom the domain name(s) is registered at the time the dispute is filed; |
| (h) | specify, in detail, the rights on which the dispute is based for the adjudicator to be able to reach a decision and provide full details of the registered right where the complainant relies on registered rights such as trademark rights; |
| (i) | detail reasons why the domain name, in the hands of the registrant, is an abusive registration or an offensive registration or both, and the remedies sought; |
| (j) | identify any other legal proceedings that have been initiated or terminated relating to any domain name that is the subject of the dispute; |
| (k) | state that the complainant submits to the jurisdiction of the High Court of the Republic of South Africa; |
| (I) | conclude with the following statement followed by the signature of the complainant or his or her authorised representative and be administered as an oath or affirmation by a Commissioner of Oaths, or person holding a similar public office when signing the complaint in a foreign country: |
"The complainant certifies that the information contained in this dispute is, to the best of complainant’s knowledge, both complete and accurate, that this dispute is not being used for any improper purpose, such as to harass the registrant, and that the assertions in this dispute are warranted under these Regulations and under applicable law.
Signature of Complainant
Date:
Place:
I certify that before administering the oath/affirmation I asked the deponent the following questions and wrote down her/his answers in his/her presence:
| (i) | Do you know and understand the contents of the declaration? |
Answer:
| (ii) | Do you have any objection to taking the prescribed oath or affirmation? |
Answer:
| (iii) | Do you consider the prescribed oath or affirmation to be binding on your conscience? |
Answer:
I certify that the deponent has acknowledged that she/he knows and understands the contents of this declaration. The deponent utters the following words: "I swear that the contents of this declaration are true, so help me God." / "I truly affirm that the contents of the declaration are true". The signature/mark of the deponent is affixed to the declaration in my presence.
Commissioner of Oaths /
Person holding similar public office
Full Name:
Designation:
Area:
Office held ex officio:
Business address:
Date:
PIace: ";
[Regulation 16(2)(l) substituted by regulation 8 of Notice No. 1246, GG 41237, dated 10 November 2017]
| (m) | annex any documentary or other evidence together with a schedule indexing such evidence; |
| (n) | be accompanied by any evidence available in electronic form; and |
| (o) | comply with any word limitation imposed by a provider in the provider's supplementary procedure. |