No. 4907
Government Gazette 23 March 2012
Act No. 1, 2012
115
INDUSTRIAL PROPERTY ACT, 2012
(e)
the taxation of bills of costs;
(f)
the hours during which the office of the secretary of the Tribunal is
open for the transaction of business;
(g)
the period within which and the manner in which an appeal from a
decision of the Tribunal to the court may be noted;
(h)
the fees to be paid to assessors; and
(i)
generally, any matter which may be necessary or expedient to prescribe
in order to ensure the proper dispatch and conduct of the proceedings
of the Tribunal.
(3)
Rules made in terms of subsection (2) may provide for the summary
determination of any appeal which appears to the Tribunal to be frivolous or vexatious
or brought for the purpose of delay.
(4)
No rule made by the Rules Board under subsection (2) is of any force
and effect unless it is published in the Gazette by the chairperson of the Rules Board.
Appeals to Court
228. (1)
In addition to any right of appeal specifically conferred in
respect of proceedings under this Act, any party to any proceedings before the Tribunal
may appeal against any decision, order or determination, given by the Tribunal as if it
were a judgment or an order given in civil proceedings by a magistrates’ court being
appealed against to the court.
(2)
In addition to any other powers conferred upon it by this Act, the court
may in relation to such appeal –
(a)
confirm, vary or reverse the order or decision appealed against, as
justice may require;
(b)
if the record does not furnish sufficient evidence or information for the
determination of the appeal, remit the matter to the Registrar, Minister
or Tribunal with instructions in regard to the taking of further evidence
or the setting out of further information;
(c)
order the parties or either of them to produce at some convenient time
in the court of appeal such further proof as to it deems necessary or
desirable;
(d)
take any other course which may lead to the just, speedy and effective
settlement of the case; and
(e)
make such order as to costs as justice may require.
(3)
Every appeal to the court must be noted and prosecuted in the manner
prescribed by law for appeals to it against a judgment, order or decision of a magistrates’
court.