National Ports Act, 2005 (Act No. 12 of 2005)

Notices

Directives in terms of Section 30(3) of the Act

Directives

Chapter 1 : Complaints against the Authority

4. Mediation of a complaint
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(1)If both the complainant and the Authority notify the Regulator, within 15 days of the issue of the mediation notification in terms of directive 3(1)(a) that they consent to mediation of the complaint, the Regulator shall appoint and pay for an independent mediator to facilitate such mediation.

 

(2)The procedure for any mediation conducted in terms of subdirective (1) shall be determined by the mediator appointed by the Regulator.

 

(3)The Regulator, upon being informed by the mediator of the completion of the mediation and the terms of any settlement agreement which may have been reached by the parties, shall issue a Finalisation  Notice  to the parties setting out the settlement  agreement  reached between the parties.

 

(4)The settlement of a dispute by the parties and/or the issue of a finalisation notice shall not prevent  the Regulator  from  continuing  its own  investigation  into the complaint  if the Regulator is of the view that a continued investigation is necessary.

 

(5)A party to any mediation instituted in terms of subdirective (1) may, at any time before the conclusion  of  a  settlement  agreement  in  terms of  subdirective  (3),  issue  a  Notice  of Withdrawal from Mediation to the mediator, the Regulator and the other party, whereupon the Regulator shall proceed to investigate the complaint in accordance with directive 5.

 

(6)A complainant who consents to mediation in terms of subdirective (1) and who does not issue a Notice of  Withdrawal  from Mediation  before the conclusion  of the settlement agreement in terms of subdirective (3) may not lay a further complaint against the Authority concerning the same action or inaction of the Authority in respect of which the mediation was conducted, unless the complaint is that the Authority is in breach of any of the terms of the settlement agreement referred to in subdirective (3).