(2) In addition to the circumstances described in sub-article (1) of this Article the regulatory document
may be revoked if the person to whom the document is issued:
(a) agrees in writing with the Department that the document should be revoked;
(b) is unable to pay his debts;
(c) enters into receivership or liquidation; or
(d) ceases to carry on his business.
49. Coercive Fines
To ensure that decisions pursuant to or under this Proclamation are complied with, the Department
may decide that anyone subject to such decision shall pay a daily coercive fine to the Department for
each day until the conditions are rectified. An order to pay a fine is regarded as grounds for
enforcement of distraint.
50. Penalties
Any person who violates the provisions of this Proclamation or regulations issued thereunder shall be
punished in accordance with the Penal Code of Eritrea.
51. Disputes
(1) Any dispute between (a) a user and (b) an operator, a supplier or an installer, in which it is alleged
that the latter has:
(a) acted in contravention of the conditions of his permit to the detriment of the user; or
(b) without due reason restricted use owing to payment default; or
(c) without due reason implemented alteration or closure of services,
may be referred to the Department for decision. Others with a legal interest in the case may also
request a decision.
(2) The Department shall determine whether the allegation is well founded, and if it is, make such
direction as is appropriate together with a statement of reasons for reaching the decision made. The
Department may also impose sanctions pursuant to Article 48 hereof.
(3) The Department may decide that all disputes, or specified categories of disputes, shall be referred
to an arbitration panel for decision. The Minister of Transport and Communications may, by regulation,
determine the procedures of the arbitration panel.
52. Judicial review
(1) A person aggrieved by an adverse decision under Articles 12, 14, 23, 28, 36, 48.1(c-h), 49 hereof
and such other provisions of this Proclamation as the Department may determine, may, within 30
days after such decision has been rendered, seek a review by the High Court of Eritrea, upon paying
the required court fee. The High Court shall have exclusive jurisdiction.
(2) The High Court shall set aside a decision which it finds:
(a) arbitrary, an abuse of discretion, or otherwise not consistent with law; or
(b) not made consistent with required procedures; or
(c) unsupported by substantial evidence.
The decision of the High Court shall be final.
(3) Instead of seeking a review pursuant to sub-article (1) of this Article an operator may refer the
Department's decision to arbitration if he has the right to use that venue according to his permit.
53. Reregistration