PART XII
APPEALS AND LEGAL PROCEEDINGS
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Tribunal to hear appeals
(1) Where this Act provides for an appeal from a decision of the Registrar, such
appeal shall be made to the Tribunal.
(2) For the purposes of this Act, the Minister shall appoint a registrar of the Tribunal
and such other officers thereof as he may deem necessary.
(3) The Tribunal shall, in connection with any proceedings before it under this Act,
have all the powers of the Supreme Court and, without derogation from the generality
of the foregoing and of the other powers conferred upon it by this Act, the Tribunal
shall have power to make any order for the purpose of securing the attendance of any
person, the discovery or production of any documents, or the investigation or
punishment of any contempt of court which the Supreme Court has power to make.
(4) The procedure and practice of the Tribunal shall, save as otherwise provided for
by rules made under this Part, be those prevailing in the Supreme Court in so far as
the same are applicable, and if any matter should arise which is not contemplated
either by such procedure or practice or by such rules, the Tribunal may give
instructions regarding the course to be pursued, which instructions shall be binding on
all parties.
(5) Upon any appeal to the Tribunal under this Part, the Tribunal may—
(a)
confirm, set aside or vary the order or decision in question;
(b)
exercise any of the powers which could have been exercised by the
Registrar in proceedings in connection with which the appeal is brought;
(c)
make such order as to costs as it may think fit.
(6) For the purposes of this Act, the Tribunal shall sit at such times and places as it
may determine.
(7) In any proceedings before it under this Part, the Tribunal may—
(a)
accept evidence by affidavit or take oral evidence on oath; and
(b)
allow any witness to be cross-examined on his affidavit or oral
evidence.
(8) The Tribunal shall, in any inquiry held by it in terms of this section, record the
proceedings and any evidence heard by it and the decision made by it and the reasons
therefor.
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Right of audience
In any proceedings before the Tribunal under this Act—
(a)
the parties to such proceedings may appear in person or be represented
and appear by a legal practitioner; and
(b)
where the Tribunal deems fit, it may grant to the Registrar leave to
intervene, and he may thereafter appear or be represented as provided in paragraph
(a).
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Rules
(1) The Minister may make rules for regulating generally the practice and procedure
of the Tribunal for the purposes of this Act and, with respect to appeals or references
to the Tribunal under this Act, as to—
(a)
the time within which any requirement of the rules is to be complied
with;
(b)
the costs and expenses of and incidental to any proceedings before the
Tribunal;
(c)
the fees to be charged in respect of proceedings before the Tribunal;
(d)
the fees to be paid to assessors.
(2) Rules made in terms of subsection (1) may provide for the summary
determination of any appeal which appears to the Tribunal to be frivolous or
vexatious or to be brought for the purpose of delay.
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Assessors
The Tribunal may appoint any person with special expert knowledge to act as an