National Ports Act, 2005 (Act No. 12 of 2005)NoticesDirectives in terms of Section 30(3) of the ActDirectivesChapter 2 : Appeals against Decisions of the Authority11. Processing of appeals |
| (1) | Receipt by the Regulator of a Notice of Intention to Appeal, an appeal affidavit, an answering affidavit or a replying affidavit, if any, shall be acknowledged in writing within ten days of receipt of the Notice or affidavit to the chosen address of the appellant. |
| (2) | Once the Regulator has received the answering affidavit and replying affidavit, if any, or the relevant time periods for the submission of such affidavits lapse, the Regulator shall within ten days notify the parties of the date, time and place where the hearing required in terms of section 49 of the Act will be held, and of the fact that the Authority and the appellant are entitled to legal representation at the hearing. Such a date for the hearing shall be at least thirty days after the notice issued by the Regulator unless the parties agree otherwise or the Regulator deems it appropriate. |
| (3) | Such hearing shall be conducted in the manner set out in sections 49, 50, 51, 52 and 53 of the Act, as well as in chapter 3 of these directives and shall take account of the Regulatory Principles of the Regulator. |
| (4) | The Regulator may, at any time before taking its decision on the appeal, request the appellant or the Authority to submit such additional information in connection with the appeal as the Regulator may require. |