Electricity Regulation Act, 2006 (Act No. 4 of 2006)

Rules

Rules for Conducting Tribunal Proceedings

27. Postponements

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1. Any Party to the proceedings may apply to the Tribunal for the postponement of a hearing on good cause shown, and if permitted by the Tribunal, the Regulator Support Unit will notify the Parties of the postponement in writing.

 

2. If the hearing is postponed to a date to be determined in the future, any Party to the matter may apply to the Tribunal for it to be re-enrolled in terms of Rule 13 above in future, but no preference will be given to such matter on the roll unless a Tribunal decides otherwise.

 

3. If the hearing is postponed to a specific future date, no Notice of Set-Down needs to be sent to the Parties in terms of Rule 13 above.

 

4. When a Party requests a postponement, the Tribunal may consider any relevant factors, including:
(a) the reason for the postponement request;
(b) the extent to which prejudice will be suffered by the Party requesting the postponement if the postponement is refused;
(c) the extent to which any other Party will suffer prejudice if the postponement is granted;
(d) the extent to which the Party requesting the postponement gave advance notice to other parties and to the Tribunal of its request for a postponement;
(e) the consent of other Parties to the request for postponement;
(f) the length of the requested postponement;
(g) previous delays including the number and length of previous postponements granted at the request of or with the consent of the Party now requesting a postponement;
(h) the public interest in the efficient and timely conduct of proceedings; and
(i) any other possible effects on the fairness of the proceedings.

 

5. The Tribunal may refuse a postponement where:
(a) the postponement was requested less than five (5) business days before the scheduled hearing date;
(b) the Tribunal is not satisfied that the postponement is necessary;
(c) the only ground for the requested postponement is that the Party unreasonably delayed retaining a representative;
(d)the postponement would negatively affect the fairness of the proceedings; or
(e) the Tribunal is of the opinion that it would be inappropriate to grant the postponement in the circumstances.