The Economic Regulation of Transport Act, 2024 (Act No. 6 of 2024)

Chapter 3 : Economic Regulation of Transport Facilities and Services

Part E : Hearing Procedures

28. Decision at end of hearing

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(1)Within 20 business days of the conclusion of a hearing, the panel that heard the matter must publish a decision, together with written reasons for the decision on the website.

 

(2) The decision supported by a majority of the members of the Panel is the decision of the Council in that matter.

 

(3) When considering an appeal or review of a price control determined by the Regulator, the Council must—
(a) assess the—
(i) process followed by the Regulator in approving the price control; and
(ii) general reasonableness of the price control; and
(b) either affirm the price control as determined by the Regulator or refer the price control back to the Regulator for re-consideration.

 

(4) When considering an appeal or a review of a compliance notice or price control reduction notice, the Council may confirm, modify or cancel all or part of the notice.

 

(5) If the Council confirms or modifies all or part of a compliance notice, the applicant must comply with that notice as confirmed or modified, within the time period specified therein.

 

(6)A decision by the Council may be taken on review to the High Court, subject to its rules.

 

(7) When exercising its powers in terms of section 22(3), the Council may confirm, modify or set aside all or any part of a ruling or decision.