The Economic Regulation of Transport Act, 2024 (Act No. 6 of 2024)Chapter 5 : Enforcement of ActPart C : Miscellaneous matters67. Civil actions and jurisdiction |
| (1) | If an agreement, a provision of an agreement, or a notice to which a transaction or agreement is purported to be subject is, in terms of any provision of this Act considered void, that agreement, provision, or notice must be regarded as being of no force or effect at any time, unless a court has declared that the relevant provision of this Act does not apply to the impugned agreement, provision or notice. |
| (2) | A person who has suffered loss or damage as a result of prohibited conduct, or dereliction of required conduct— |
| (a) | may not assert a claim in a Civil Court for the assessment of the amount or awarding of damages if that person has consented to an award of damages in a consent order; or |
| (b) | if entitled to commence an action referred to in paragraph (a), when instituting proceedings, must file with the Registrar or Clerk of the Court a notice from the Chairperson of the Council in the prescribed form— |
| (i) | certifying whether the conduct constituting the basis for the action has been found to be prohibited or required conduct in terms of this Act; |
| (ii) | stating the date of the Council finding, if any; and |
| (iii) | setting out the section of this Act in terms of which the Council made its finding, if any. |
| (3) | A certificate referred to in subsection (2)(b) is conclusive proof of its contents. |
| (4) | An appeal or application for review against an order made by the Council in terms of this Act suspends any right to commence an action in a Civil Court with respect to the same matter, unless the Court orders otherwise. |