National Ports Act, 2005 (Act No. 12 of 2005)NoticesDirectives in terms of Section 30(3) of the ActDirectivesChapter 3 : Hearings of the Regulator16. Procedure to be adopted before a hearing panel |
| (1) | All the evidence and addresses at a hearing of the Regulator shall be heard in public, provided that: |
| (a) | the chairperson of a hearing panel may, in the chairperson's discretion, exclude from, and/or limit access to, the place where such evidence is to be given or such address is to be delivered, any class of persons or all persons whose presence at the hearing of such evidence or address is, in the chairperson's opinion, not desirable; |
| (b) | the chairperson of a hearing panel may exclude members of the public, or specified persons or categories of persons, from attending the hearing or portions of the hearing if the proper conduct of the hearing requires it or for any other reason that would be justifiable in civil proceedings in the High Court; |
| (c) | all persons other than the parties and the hearing panel shall be excluded from that part of any hearing which concerns material the Regulator has previously determined to be confidential or which the hearing panel considers to be confidential; |
| (d) | any person who wilfully interrupts the proceedings before a hearing panel or who wilfully hinders or obstructs a hearing panel in the performance of its functions may be ordered by the chairperson of the hearing panel to leave the hearing; and |
| (e) | the hearing shall be conducted as expeditiously as possible and with a minimum of legal formalities. |
| (2) | At the hearing of any complaint or appeal— |
| (a) | the complainant or appellant, as the case may be, shall be given an opportunity to present the complaint or appeal, as the case may be, to the hearing panel and to produce such witnesses, documents, books or items as assist in such presentation; |
| (b) | the Authority shall be given an opportunity to put questions to any witnesses and to examine any document, book or item presented by the complainant or appellant and the Authority may make submissions regarding these; |
| (c) | the Authority shall be given an opportunity to answer the case presented by the complainant or appellant, as the case may be, and to produce such witnesses, documents, books or items as assist in such presentation; |
| (d) | the complainant or appellant shall be given an opportunity to put questions to any witnesses put forward by the Authority and to examine any document, book or item presented and the complainant or appellant may make submissions regarding these; |
| (e) | the hearing panel may put questions to any witnesses and examine any document, book or item presented by any parties in order to clarify any issue; |
| (f) | the law as to admissibility of evidence and as to the competency, examination, cross-examination and re-examination of witnesses in courts of law shall not be binding upon the hearing panel, but the chairperson of the hearing, may, at the chairperson's discretion, disallow any question which any other member of the hearing panel or any party proposes to put to any witness, on the ground that such question is irrelevant or that for any other cause it would be improper that the question be put, and may, in the chairperson's discretion and on similar grounds, rule that the production of any book, document or thing required by any other member of the hearing panel or any party shall not be allowed; |
| (g) | any person authorised to participate in the hearing in terms of directive 15(3) shall indicate at the time of making an application in terms of directive 15(2) whether they wish to support or oppose the complainant or appellant's case. If they wish to support the case they shall be given an opportunity to participate in the hearing, after the complainant or appellant, in the same manner as the complainant or appellant set out in subdirectives (a) and (d) above; if they wish to oppose the case, they shall be given an opportunity to participate in the hearing after the Authority, in the same manner as the Authority set out in subdirectives (b) and (c) above; |
| (3) | The chairperson of the hearing shall direct that the proceedings of the hearing be voice recorded. A full transcript of the proceedings may be obtained from the Regulator by any party on two weeks' notice and upon payment of such fee as is necessary to cover the transcription costs. |
| (4) | If the hearing panel determines that a hearing introduces any new information not dealt with in the written submissions before the Regulator, the hearing panel may direct that the parties are entitled to submit to the chairperson of the hearing panel, within a period determined by the chairperson, any additional statements rebutting or supporting such new information. |
| (5) | Following the conclusion of a hearing, and no more than 30 days after the hearing date or the deadline for further submissions, if any, the chairperson of the hearing panel shall prepare a report of the hearing together with the recommendations of the hearing panel and submit it Jo the Regulator. |
| (6) | The Regulator, on the recommendation of the hearing panel, may make such order for the payment by any party to a hearing— |
| (a) | of the costs or any part thereof reasonably incurred by the Regulator or any other party in attending or being legally represented at the hearing or in bringing witnesses or adducing evidence; and |
| (b) | of any other costs or any part thereof reasonably incurred by the Regulator in connection with the investigation or hearing, |
as may be just.