No. 4907
Act No. 1, 2012
Government Gazette 23 March 2012
107
INDUSTRIAL PROPERTY ACT, 2012
Exercise of discretionary powers by Registrar
206. (1)
If the Registrar is satisfied that the circumstances justify it, the
Registrar may, on receiving a written request to extend the time for doing any act or
taking any proceeding under this Act, on such terms as the Registrar may determine,
extend the time.
(2)
In exercising any discretion vested in the Registrar by this Act, the
Registrar must give any party to a proceeding before him or her, or any other party who
appears from the register to be an interested party, an opportunity to be heard before
exercising such discretion adversely to that party.
(3)
The extension referred to in subsection (1) may be granted even though
the time for doing the act or taking the proceeding has expired.
General powers of Registrar
207.
(1)
The Registrar may, for the purposes of hearing and determining
any proceedings in terms of this Act –
(a)
receive evidence and determine whether and to what extent it may be
given by affidavit or orally on oath or affirmation;
(b)
summon witnesses;
(c)
issue commissions de bene esse in the same manner that a magistrates’
court would do pursuant to section 53 of the Magistrates Act 1944(Act
No. 32 of 1944);
(c)
order discovery or inspection, and require the due production of
documents;
(d)
consider any interlocutory or other matters as may seem expedient;
(e)
award costs against any party to any proceedings before him or her,
and generally the Registrar has in connection with any proceedings before him or her all
such powers and jurisdiction as are possessed by the Tribunal.
(2)
Where express provision is not contained in this Act on any matter
of procedure, the Registrar may have recourse to the rules governing procedure in the
Tribunal.
(3)
Any party to proceedings before the Registrar may appeal to the
Tribunal against any decision or order pursuant to such proceedings.
Venue of proceedings and taxation of costs
208. (1)
The place where any proceedings before the Registrar under
this Act are to be heard and determined in any particular case is determined by the