No. 4378
Government Gazette 16 November 2009
Act No. 8, 2009
23
COMMUNICATIONS ACT, 2009
(c)
prescribe any matter relating to a report of the proceedings at a hearing
prepared in terms of section 18(3);
(d)
any other procedural matter that is necessary or expedient to
prescribe.
(2)
The Authority may prescribe different procedures in respect of hearings
held in terms of different provisions of this Act.
(3)
In respect of each provision of this Act that requires the following of
a rule-making procedure, the Authority must prescribe procedures for requesting and
considering the comments of industry, users and the public.
(4)
The procedures prescribed in terms of subsection (3) may include the
holding of public oral hearings, the holding of closed hearings or requests for written
comments.
(5)
The procedures prescribed in terms of subsection (3) must provide that –
(a)
all persons that have a substantial interest in the regulation concerned
are given a reasonable opportunity to make representations to the
Authority; and
(b)
if representations and communications concerning a regulation are
received by the Authority, every person who has a substantial interest
in the decision concerned must be given an opportunity to comment on
those representations and communications.
(6)
Regulations made in terms of subsection (3) may prescribe different
procedures for regulations made in terms of different sections of this Act.
(7)
Regulations made in terms of subsection (3) may also prescribe
procedures for the making of regulations for which this Act does not require a rulemaking procedure.
Reconsideration
31.
The Authority may, on its own motion or on a petition filed by an
aggrieved party to any proceedings, reconsider any order or decision that it has made,
within 90 days from the date of making that decision or issuing that order.
Review of actions of Authority
32.
(1)
Any person may take any regulation for which procedures have
been prescribed in terms of section 30 on review on the same grounds and in the same
manner as a decision of an administrative body.
(2)
Any person who has a substantial interest in any proceedings before the
Authority may not take any decision, order, regulation or any other action that is made
or taken by the Authority as a result of such proceedings, on review after a period of
six months from the date on which that person has become aware of the decision, order,
regulation or action concerned.