National Ports Act, 2005 (Act No. 12 of 2005)NoticesDirectives in terms of Section 30(3) of the ActDirectivesChapter 1 : Complaints against the Authority2. Complaints against the Authority |
| (1) | Any person whose rights or interests are adversely affected by any action of or failure to act by the Authority may lodge a complaint against the Authority with the Regulator on any of the grounds specified in section 47(2)(a), 47(2)(b) or 47(2)(c) of the Act, or on the ground that the Authority has failed to carry out, has unfairly carried out or has misapplied itself to any of the functions of the Authority set out in section 11 of the Act. |
| (2) | A complaint must be lodged within three months of the incident, conduct or omission complained of or within such longer period as the Authority may agree in writing, provided that any complaint which arose after 26 November 2006, bur prior to the publication of these directives, may be lodged within three months after publication of these directives. |
| (3) | A person who lodges a complaint with the Regulator may request in writing that the Regulator treat that person's identity as confidential; but that person may not formally participate in any subsequent investigation or hearing as a complainant and may not request or be granted any specific relief by the Regulator unless that person waives the request in writing before any hearing commences. |
| (4) | If a person has request, in terms of subdirective (3), that the Regulator treat that person's identity as confidential— |
| (a) | the Regulator shall accept that request; and |
| (b) | shall not reveal that person's identity unless the person subsequently waives the request in writing. |
| (5) | A complaint must be submitted to the Regulator on the official complaint form, attached as Form 1 to these directives, and must— |
| (a) | set out the nature of the complaint and the ground/s on which it is brought; |
| (b) | details the manner in which the complainant has been affected by the action or failure to act; |
| (c) | set out, subject to subdirective (3), the relief sought by the complainant; |
| (d) | be accompanied by the fee, payable in cash or by way of bank guaranteed cheque, for complaints prescribed in Schedule A hereto. In the event that the complainant is unable, as a result of indigency, to pay the prescribed fee, the complainant may apply to the Regulator to waive payment of the fee and the regulator may, after considering that application, waive payment of the fee; and |
| (e) | be accompanied by the relevant supporting information and documentation, if any. |
| (6) | The Regulator may consolidate two or more complaints under a common investigation if they concern the same subject matter. |
| (7) | In lodging a complaint, a complainant may request that an urgent and foreshortened process be followed by the Regulator in investigating, considering and making a decision on the complaint. Any such request must be accompanied by reasons for the request. The Regulator shall give the Authority an opportunity to comment on the request and any timetable which may be proposed by the Regulator for finalising any investigation and decision. Having considered the request and the Authority's comments the regulator may waive any time periods and procedures set out in these directives and deal with the complaint as expeditiously as the Regulator deems appropriate. |
| (8) | The Regulator shall acknowledge receipt of any complaint within 5 days of receipt thereof. |