Electricity Regulation Act, 2006 (Act No. 4 of 2006)RulesRules for Conducting Tribunal Proceedings24. Default Order |
| 1. | If a person served with a notice of Referral has failed to Answer within the prescribed period of fifteen (15) business days, the initiating Party may apply to a Tribunal to have a default order issued. |
| 2. | The Tribunal may grant the order sought in terms of sub-rule(1) after it has heard any required evidence concerning the motion and it is satisfied that the initiating document was adequately served. |
| 3. | The default order must be served on or made available to all the Parties within three (3) working days from the date of the order. |
| 4. | A Party aggrieved by the default order issued against them may apply for the recission or varying of the default order only in the following circumstances: |
| (i) | The default order was erroneously sought or granted in the absence of the Party affected by the default order; |
| (ii) | An omission or error common to all the Parties resulted in the issuance of the default order; and |
| (iii) | A material fact was not disclosed to the Tribunal, which if the Tribunal was aware of at the time of granting the default order would not have granted the default order. |