National Water Act, 1998 (Act No. 36 of 1998)SchedulesSchedule 6 : Water TribunalPart 2 : Lodging and hearing of appeals and applications |
| 5. | Lodging of appeals and applications |
| (1) | An appeal to the Water Tribunal under section 148(1) and an application for determination of compensation must be commenced by serving a copy of a written notice of appeal or application on the relevant responsible authority or catchment management agency and lodging the original with the Tribunal. |
| (2) | The Tribunal may, for good reason, condone the late lodging of an appeal or application. |
| (3) | A responsible authority or a catchment management agency against whose decision or offer an appeal or application is lodged must within a reasonable time— |
| (a) | send to the Tribunal all documents relating to the matter, together with the reasons for its decision; and |
| (b) | allow the appellant or applicant and every party opposing the appeal or application to make copies of the documents and reasons. |
| 6. | Hearing of appeals or applications by Water Tribunal |
| (1) | An appeal or application before the Water Tribunal must be heard by one or more members, as the chairperson may determine. |
| (2) | A party to an appeal or application may be represented by a person of that party's choice. |
| (3) | Appeals and applications to the Tribunal take the form of a rehearing. The Tribunal may receive evidence, and must give the appellant or applicant and every party opposing the appeal or application an opportunity to present their case. |
| (4) | The Tribunal must keep minutes containing a summary of the proceedings of every hearing. |
| 7. | Subpoenas and evidence |
| (1) | The Water Tribunal may— |
| (a) | subpoena for questioning any person who may be able to give information relevant to the issues; and |
| (b) | subpoena any person who is believed to have possession or control of any book, document or object relevant to the issues, to appear before the Tribunal and to produce that book, document or object. |
| (2) | A subpoena must be signed by a Tribunal member and must— |
| (a) | specifically require the person named in it to appear before the Tribunal; |
| (b) | state the date, time and place at which the person must appear; and |
| (c) | sufficiently identify any book, document or object to be produced by that person. |
| (3) | The law relating to privilege, as it applies to a witness subpoenaed to give evidence or to produce any book, document or object before a court of law, applies to the questioning of any person and to the production of any book, document or object in terms of this item. |
| (4) | The party at whose request a subpoena was issued must pay witness fees, travel and subsistence allowances to a person subpoenaed to appear before the Tribunal, at the applicable High Court scale. |
| (5) | The Tribunal may administer an oath or accept an affirmation from any person called or subpoenaed to give evidence. |
| 8. | Contempt of the Water Tribunal |
| (1) | A person commits contempt of the Water Tribunal— |
| (a) | if, after having been subpoenaed to appear before the Tribunal, the person without good cause does not attend; |
| (b) | if the person, without good cause, fails to produce any book, document or object specified in a subpoena; |
| (c) | if, after having appeared in response to a subpoena, the person fails to remain in attendance until excused by the Tribunal; |
| (d) | by refusing to take the oath or to make an affirmation as a witness when the Tribunal so requires; |
| (e) | by refusing to answer any question fully and to the best of that person's knowledge and belief, but subject to item 7(3); |
| (f) | if during the proceedings, the person behaves improperly; or |
| (g) | if the person prejudices or improperly influences the proceedings of the Tribunal. |
| (2) | The Water Tribunal may refer any contempt to a High Court. A High Court may make an appropriate order. |
| 9. | Decisions of the Water Tribunal |
| (1) | The Water Tribunal must give its decision in writing. A majority decision of members hearing a matter (if the matter is heard by more than two members) constitutes a decision of the Tribunal. |
| (2) | The Tribunal must, at the request of any party and within a reasonable time, give written reasons for its decision on any matter. |