Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)RegulationsAlternative Dispute Resolution RegulationsChapter III : Alternative Dispute Resolution Procedure34. Fees |
| (1) | A complainant must pay a fixed fee in the sum of R10,000-00 to the provider for one adjudicator as contemplated in regulation 20(3) or a fixed fee in the sum of R24,000-00 for three adjudicators to decide the dispute, if the complainant elects to have the dispute decided by three adjudicators, provided that the fixed fee is reduced by 50% in the case of summary decision as contemplated in regulation 18(3). |
[Regulation 34(1) substituted by regulation 15(a) of Notice No. 1246, GG 41237, dated 10 November 2017]
| (2) | If a registrant elects in terms of regulation 18(2)(d) to have the dispute decided by three adjudicators, rather than a single adjudicator elected by the complainant, the registrant and the complainant must pay the provider a fixed fee in the sum of R12,000-00 each. |
| (3) | The appeal fee for an appeal under regulation 32 is a fixed fee in the sum of R24,000-00. |
| (4) | A complainant or registrant may approach the Authority, in writing, for financial assistance to lodge a dispute or defend a dispute, which assistance may be considered at the discretion of the Authority taking into account the financial means of the complainant or registrant. |
| (5) | Upon receipt of the fees required in terms this regulation, the provider must immediately pay 10% of the fees to the Authority, which fees the Authority must use exclusively to fund other complainants and registrants seeking financial assistance, provided that the fees payable to the Authority are reduced to 5% in the case of summary decision as contemplated in regulation 18(3). |
[Regulation 32(5) substituted by regulation 13(b) of Notice No. 1246, GG 41237, dated 10 November 2017]
| (6) | If the Parties reach a settlement during informal mediation as contemplated in regulation 19A, no fees are payable. |
[Regulation 32(6) substituted by regulation 13(c) of Notice No. 1246, GG 41237, dated 10 November 2017]