| 36. | The Appeals Tribunal may hold hearings for the despatch of its business, adjourn and otherwise regulate its hearings as it deems fit: Provided that the Appeals Tribunal shall convene at least once a quarter for the purpose of hearings. The chairperson or vice-chairperson may, at any time, convene a meeting of the Appeals Tribunal for the purpose of a hearing or any other business. |
| 37. | The quorum for any hearing of the Appeals Tribunal shall be the chairperson or vice-chairperson of the Appeals Tribunal and at least two other members thereof. |
| 38. | All questions coming before the Appeals Tribunal shall be decided by a majority of the members of the Appeals Tribunal hearing the issue: Provided that: |
| (a) | the person appointed by the Millers’ Association shall have 2 votes; |
| (b) | the persons appointed by the Growers Associations shall have 2 votes, 1 vote to be exercised by the person appointed by SACGA and 1 vote to be exercised by the person appointed by SAFDA; |
| (c) | the non-industry members shall have 2 votes each; and |
| (d) | in the case of an equality of votes, the chairperson, or in his or her absence, the vice-chairperson shall have a second or casting vote. |
[Clause 38 substituted by section 1(h) of Notice No. R. 700, GG43466, dated 23 June 2020]
| 39. | The Appeals Tribunal may, on good cause shown, condone a late noting of an appeal. |
| 40. | Hearings of the Appeals Tribunal shall not be open to any party not directly affected by the matter before it: Provided that the chairperson or, in his or her absence, the vice-chairperson may permit anyone having a sufficient interest in the matter but not directly affected thereby to be present. |
| 41. | Each party to an appeal or other matter before the Appeals Tribunal shall be entitled to be present and be represented at the hearing of the appeal or other matter. |
| 42. | The Appeals Tribunal, at any hearing— |
| (a) | may receive written and oral representations from any party to the matter; (b) shall not be bound by the strict rules of evidence and may inform itself in relation to |
| (b) | shall not be bound by the strict rules of evidence and may inform itself in relation to any matter before it in such manner as it deems fit; |
| (c) | may take into account all documents, minutes and records of the Administration Board in connection with any matter for which purpose the Administration Board shall make such documents available to the Appeals Tribunal; (d) may hold an inspection in loco; (e) may adjourn for any purpose. |
| 43. | At the hearing of an appeal the Appeals Tribunal shall not be limited to consideration of the evidence before the Administration Board or other body and the Appeals Tribunal may, in its discretion, rehear the evidence or hear or receive additional evidence so as to inform itself fully of the relevant facts. |
| 44. | Subject to the provisions of clause 47, any decision, order or ruling of the Appeals Tribunal shall be final and binding on all parties. |
| 45. | The Appeals Tribunal shall have the power to confirm, alter or set aside any decision or order of the Administration Board and to make such decision or such order as it deems proper. |
| 46. | The Appeals Tribunal may make such rules and regulations not in conflict with the terms of this agreement or the common law or legislation for the conduct of its hearings as it thinks fit. |
