The Economic Regulation of Transport Act, 2024 (Act No. 6 of 2024)Chapter 3 : Economic Regulation of Transport Facilities and ServicesPart D : Review of Regulator's Decisions22. Right to appeal to Council or apply for review |
| (1) | A person contemplated in subsection (2) may appeal to the Council against, or apply to the Council for a review of, a certificate, notice, determination, ruling or other decision issued or made by the Regulator in respect of— |
| (a) | the determination of a price control by the Regulator in terms of Part A of this Chapter; |
| (b) | a complaint contemplated in section 16 and investigated by the Regulator in terms of section 17; |
| (d) | an agreement or a licence contemplated in sections 57(6)(a) and 57(7) of the National Ports Act, respectively; or |
| (e) | a directed price control reduction in terms of section 21. |
| (2) | The persons who may appeal or apply to the Council for review is any person adversely affected by a certificate, notice, decision, determination or ruling issued or made by the Regulator. |
| (3) | After hearing— |
| (a) | an appeal from a decision of the Regulator, the Council may confirm the decision, set it aside, modify it or refer it back to the Regulator, subject to section 28; or |
| (b) | an application for review of a decision of the Regulator, the Council may confirm the decision or refer the matter back to the Regulator. |
| (4) | If requested to do so by an appellant or applicant for review, the Council may issue an order suspending the decision under appeal or review— |
| (a) | until the Council has determined the appeal or application for review; or |
| (b) | in the case of a directed price control reduction, only if the applicant can demonstrate exceptional circumstances in favour of such an order. |