No. 4907
Government Gazette 23 March 2012
Act No. 1, 2012
113
INDUSTRIAL PROPERTY ACT, 2012
General powers of Tribunal
222.
(1)
(a)
accept evidence by affidavit or take oral evidence on oath or
affirmation;
(b)
allow any witness to be cross-examined on his or her affidavit or oral
evidence;
(c)
confirm, set aside or vary the order or decision in question;
(d)
exercise any of the powers which could have been exercised by the
Registrar in proceedings in connection with which the appeal is
brought; and
(e)
make such order as to costs as it may deem fit.
may –
In any appeal to the Tribunal under section 220, the Tribunal
(2)
The Tribunal must, in any proceedings before 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.
Proceedings of Tribunal
223. (1)
Proceedings before the Tribunal must be conducted in
accordance with the rules of the Tribunal prescribed by the Rules Board referred to in
section 227.
(2)
proceedings.
The Tribunal is not be bound by the rules of evidence applicable in civil
Summoning of witnesses
224.
(1)
A party to any proceedings before the Tribunal, may procure
the attendance of any witness in the manner provided for in the rules of the Tribunal.
(2)
Any member of the Tribunal and any sitting person as an assessor in
any proceedings before the Tribunal may put any question to any witness appearing
before it.
(3)
If any person who has been duly subpoenaed to attend any proceedings
before the Tribunal for the purpose of giving evidence or producing any book, record,
document or thing in his or her possession or under his or her control, fails without
reasonable cause to attend or to give evidence or to produce that book, record, document
or thing according to the subpoena or, unless excused by the Tribunal, to remain in
attendance throughout the proceedings, the Tribunal may, on being satisfied upon oath
or affirmation or by return of the person by whom the subpoena was served, that such
person has been duly subpoenaed and that his or her reasonable expenses have been paid
or offered to him or her, impose upon the said person a fine not exceeding N$5 000, or
in default of payment, imprisonment for a term not exceeding 12 months or both such
fine and imprisonment.