National Ports Act, 2005 (Act No. 12 of 2005)NoticesDirectives in terms of Section 30(3) of the ActDirectivesChapter 1 : Complaints against the Authority3. Regulator to determine whether a complaint is valid |
| (1) | The Regulator shall consider whether a complaint is prima facie valid and merits further action by the Regulator, and if it so determines, the Regulator— |
| (a) | shall within 15 days of receipt of the complaint, notify the Authority of the complaint, and notify both parties that it has determined that the matter could be settled through a mediation process conducted by a third party appointed by the Regulator; |
| (b) | shall investigate the matter in accordance with directive 5; |
| (c) | may, at any time after the initiation of the complaint and investigation thereof, conduct a hearing into the matter in the manner set out in chapter 3 of these directives; and/or |
| (d) | may, in terms of Section 53 of the Act, at any time after the initiation of the complaint, make such interim order as it deem necessary in the circumstances, including, but not limited to, interdicting any conduct, action or inaction and declaring the whole or any part of an agreement to be void or suspended. |
| (2) | In determining, in terms of subdirective (1), whether a complaint is valid and merits further action the Regulator shall consider, amongst other things, whether— |
| (a) | the complaint concerns one of the grounds referred to in directive 2(1); |
| (b) | the complainant has sought to draw the complaint to the attention of the Authority before making the complaint. If this has not been done, the Regulator may advise the complainant to withdraw the complaint and address it to the Authority before reinstituting the complaint; if the complainant thereafter refuses to do so without good cause, the Regulator may refuse to consider the complaint; |
| (c) | the Authority will be prejudiced as a result of the non disclosure of the complainant's identity by an investigation into a complaint where the complainant has requested that the Regulator treat the complainant's identity as confidential; |
| (d) | a similar complaint is presently under investigation or has recently been resolved and accordingly no further investigation is justified; and |
| (e) | the complaint is trivial, vexatious, misconceived or lacking in substance. |
| (3) | In determining, in terms of subdirective (1)(a), that a complaint is suitable for referral to mediation the Regulator shall consider, amongst other things, whether— |
| (a) | the complaint relates only to a matter between the complainant and the Authority; and |
| (b) | there is any public interest in an investigation of or hearing regarding the complaint. |
| (4) | If the Regulator determines in terms of subdirective (1) that a complaint is not valid and does not merit further action, the Regulator shall, within 21 days of receipt of the complaint, inform the complainant of its determination and give the complainant reasons for its decision. |
| (5) | The Regulator shall, at any time during the investigation of a complaint, terminate the investigation if: |
| (a) | in the Regulator's view new information or changing circumstances mean that the complaint is no longer valid or no longer merits investigation; or |
| (b) | The complainant withdraws the complaint and the Regulator determines that the public interest does not require the continuation of the investigation. |
| (6) | The Regulator shall promptly notify the complainant, the Authority and any other party that was actively participating in the investigation of a decision in terms of subdirective (5) and of the reasons for that decision. |