Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001)RegulationsImproper Conduct Enquiries Regulations, 200316. Cost orders in regard to enquiries |
| (1) | The presiding officer may— |
| (a) | order a respondent who has been found guilty of improper conduct to pay the Authority's costs as contemplated in this regulation if the respondent, a legal practitioner representing the respondent or a person assisting the respondent, acted in a frivolous or vexatious manner in the defence or in his or her conduct during the enquiry; or |
| (b) | order the Authority to pay to a respondent who has been found not guilty of improper conduct at an enquiry, the costs of the respondent as contemplated in this regulation if any person acting on behalf of the Authority acted in a frivolous or vexatious manner in initiating or proceeding with the enquiry. |
| (2) | A party seeking a cost order contemplated in this regulation, must apply to the presiding officer as soon as possible after the findings of the presiding officer have been made known and present the necessary evidence, information and submissions to enable the presiding officer to make an appropriate order. |
| (3) | Costs contemplated in this regulation must be calculated on the appropriate tariffs and scales determined from time to time by the director, with the concurrence of the Council, for this purpose. |
| (4) | The Authority may be awarded costs only in respect of— |
| (a) | the professional services of the presiding officer; |
| (b) | the professional services of the prosecutor if the prosecutor is not in the fulltime employment of the Authority; |
| (c) | the costs of travel and accommodation in respect of the presiding officer, the prosecutor and any person who attended an enquiry at the request of the Authority and whose attendance at the enquiry was, necessary; and |
| (d) | the costs of renting premises and facilities for the purposes of the enquiry. |
| (5) | A respondent may be awarded costs only in respect of— |
| (a) | legal representation by a legal practitioner at the enquiry; and |
| (b) | the costs of the respondent and necessary witnesses of the respondent in regard to travel and accommodation, incurred in connection with attending the enquiry. |
| (6) | The proceedings referred to in this regulation must be conducted in terms of such procedures and rules of evidence as the presiding officer may deem to be appropriate and fair in the circumstances and the presiding officer may only award costs to a party if that party has shown its entitlement thereto on a balance of probabilities. |
| (7) | An application for costs to be paid by a respondent to the Authority may be considered and decided upon in the absence of the respondent in the circumstances contemplated in regulation 9, with the necessary changes. |
| (8) |
| (a) | After considering any evidence, information and submissions that the parties may present, the presiding officer may refuse to make an order or may make an order as to the amount and manner of payment of costs awarded to a party. |
| (b) | In determining the amount of costs to be awarded to a respondent in relation to a witness contemplated in subregulation (5)(b), the presiding officer must subtract from such costs any fees and allowances that have been or will be paid to the witness in terms of regulation 20(1). |