Films and Publications Act, 1996 (Act No. 65 of 1996)RulesEnforcement Committee Rules, 2022Schedule 1Part 3 : Enforcement Committee ProceduresInterim Orders and Measures31. Power to make interim orders and to take interim measures |
| (1) | The Enforcement Committee may make an order on an interim basis— |
| (a) | suspending in whole or part the effect of any decision which is the subject matter of proceedings before it; and |
| (b) | granting any remedy which the Enforcement Committee would have the power to grant in its final decision. |
| (2) | Without prejudice to the generality of sub-rule 31 (1) of Schedule 1, if the Enforcement Committee considers that it is necessary as a matter of urgency for the purpose of— |
| (a) | preventing significant damage to a particular person or category of person; or |
| (b) | protecting the public interest, the Enforcement Committee may give such directions as it considers appropriate for that purpose. |
| (3) | The Enforcement Committee shall exercise its power under this rule taking into account all the relevant circumstances, including— |
| (a) | the urgency of the matter; |
| (b) | the effect on the party making the request if the relief sought is not granted; |
| (c) | the effect on competition if the relief is granted; and |
| (d) | the existence and adequacy of any offer of an undertaking as to damages. |
| (4) | Any order or direction under this regulation is subject to the Enforcement Committee’s further order, direction or final decision. |
| (5) | A party shall apply for an order or a direction under sub-rule 31 (1) or 31 (2) of Schedule 1 by filing a request for interim relief in the form required by sub-rule 31 (6) of Schedule 1. |
| (6) | The request for interim relief shall state— |
| (a) | the subject matter of the proceedings; |
| (b) | in the case of a request for a direction under sub-rule 31 (2) of Schedule 1, the circumstances giving rise to the urgency; |
| (c) | the factual and legal grounds establishing a prima facie case for the granting of interim relief by the Enforcement Committee; and |
| (d) | the relief sought. |
| (7) | The request for interim relief shall be verified by a statement of truth, signed and dated by the applicant or on its behalf by its duly authorised officer or legal representative. |
| (8) | On receiving a request for interim relief the registrar shall send a copy to all the other parties to the proceedings and shall inform them of the date by which they may submit written or oral observations to the Enforcement Committee. |
| (9) | Subject to sub-rule 31 (10) of Schedule 1, an order or direction for interim relief may be made against a person who is not a party to the proceedings, provided that no such order may be made unless that person has been given an opportunity to be heard. |
| (10) | If the urgency of the case so requires, the Enforcement Committee may grant the request for interim relief before the observations of the other parties have been submitted or the person referred to in sub-regulation 31 (9) of Schedule 1 has been heard. |