17
purporting to be a copy of any such order and to be certified by the Registrar to be a true copy thereof shall in any legal
proceedings be sufficient evidence of the order unless the contrary is proved.
(5) The Registrar shall act as the registrar of the tribunal.
(6) Any reference in this Chapter to the giving of an opportunity to any person of presenting his case shall be
construed as a reference to the giving to that person of the opportunity of submitting representations in writing and of being
heard.
[Sub-s. (6) added by s. 26 (b) of Act 125 of 1992.]
30
General provisions as to jurisdiction of tribunal
Subject to the provisions of this Chapter, the function of the tribunal shall be to determine disputes arising between
licensing bodies, or other persons from whom licences are required and persons requiring licences, or organizations
claiming to be representatives of such persons, either(a)
on the reference of a licence scheme to the tribunal; or
(b)
on the application of a person requiring a licence either in accordance with a licence scheme or in a case
not covered by a licence scheme.
[S. 30 substituted by s. 27 of Act 125 of 1992.]
31
Reference of licence schemes to tribunal
(1) Where at any time while a licence scheme is in operation a dispute arises with respect to the scheme between
the licensing body operating the scheme and(a)
an organization claiming to be representative of persons requiring licences in cases of a class to which the
scheme applies; or
(b)
any person claiming that he requires a licence in a case of a class to which the scheme applies,
the organization or person in question may refer the scheme to the tribunal in so far as it relates to cases of that class.
(2) The parties to a reference under this section shall be(a)
the organization or person at whose instance the reference is made;
(b)
the licensing body operating the scheme to which the reference relates; and
(c)
such other organizations or persons (if any) as apply to the tribunal to be made parties to the reference
and are in accordance with subsection (3) made parties thereto.
(3) Where an organization (whether claiming to be representative of persons requiring licences or not) or a person
(whether requiring a licence or not) applies to the tribunal to be made a party to a reference, and the tribunal is satisfied that
the organization or person has a substantial interest in the matter in dispute, the tribunal may, if it thinks fit make that
organization or person a party to the reference.
(4) The tribunal shall not entertain a reference under this section by an organization unless the tribunal is satisfied
that the organization is reasonably representative of the class of persons which it claims to represent.
(5) Subject to the provisions of subsection (4), the tribunal shall on any reference under this section consider the
matter in dispute and after giving the parties to the reference an opportunity of presenting their respective cases, make such
order, either confirming or varying the scheme in so far as it relates to cases of the class to which the reference relates, as
the tribunal may determine to be reasonable in the circumstances.
(6) An order of the tribunal under this section may, notwithstanding anything contained in the licence scheme to
which it relates, be made so as to be in force either indefinitely or for such period as the tribunal may determine.
(7) Where the tribunal has made an order in respect of a licence scheme which has been referred to it, such scheme
shall, notwithstanding anything contained therein, in so far as it relates to the class of cases in respect of which the order
was made, thereafter remain in operation subject to the terms of the order: Provided that this subsection shall not apply in
relation to a reference as respects any period after the reference has been withdrawn or has been discharged by virtue of
subsection (4).
32
Further reference of scheme to tribunal
(1) Where the tribunal has made an order under section 31 with respect to a licence scheme(a)
the licensing body operating the scheme;
(b)
any organization claiming to be representative of persons requiring licences in cases of the class to which
the order applies; or
(c)
any person claiming that he requires a licence in a case of that class,
may, subject to the provisions of subsection (2), at any time while the order is in force, again refer the scheme to the
tribunal in so far as it relates to cases of the class in respect of which the order applies.
(2) A licence scheme shall not, except with the special leave of the tribunal, again be referred to the tribunal under
subsection (1)(a)
where the relevant order was made so as to be in force indefinitely or for a period exceeding fifteen
months, before the expiration of a period of twelve months from the date on which the order was made;
or
(b)
where such order was made so as to be in force for a period not exceeding fifteen months, at any time