The Economic Regulation of Transport Act, 2024 (Act No. 6 of 2024)Chapter 3 : Economic Regulation of Transport Facilities and ServicesPart C : Complaint Investigations by Regulator16. Direct referrals to Council |
| (1) | Upon receiving a complaint in terms of section 15(1)(a) or (b), the Regulator— |
| (a) | may refer the complaint directly to the Council, to be considered in accordance with this section, if the Regulator has concluded that the complaint does not raise issues of general economic or public policy concern in terms of this Act; or |
| (b) | otherwise, must consider the complaint in terms of section 18. |
| (2) | If the Regulator refers a complaint to the Council in terms of subsection (1)(a)— |
| (a) | the Regulator may not be a party to the Council proceedings; and |
| (b) | the Council must consider that complaint as an appeal by the complainant against the decision by the relevant regulated entity. |
| (3) | The Council may conduct a hearing of each matter referred to it in terms of this section in accordance with the provisions of section 23. |
| (4) | Despite subsection (2)(a), the Council may invite the Regulator to provide any information that the Council may consider relevant to the proceedings in terms of subsection (3). |
| (5) | After considering a complaint referral under this section, the Council must confirm, set aside or vary the decision by the regulated entity. |
| (6) | If the Council has set aside a decision, as contemplated in subsection (5), the relevant regulated entity may consider the matter afresh, having regard to the Council’s reasons for setting aside the decision that was the subject of the complaint, and take a new decision. |