Electricity Regulation Act, 2006 (Act No. 4 of 2006)RulesRules for Conducting Tribunal Proceedings6. Referral of a Contravention to a Tribunal |
| 1. | A Contravention shall be referred to a Tribunal when the Applicant has so decided. |
| 2. | A Contravention shall only be referred to a Tribunal: |
| (a) | in respect of Gas and Petroleum Pipelines Regulation, after the Applicant has served a notice of non-compliance on a licensee and a licensee has failed to comply with such notice issued by the Energy Regulator in terms of the Gas Act or Petroleum Pipelines Act; |
| (b) | in respect of Electricity Regulation, if it is alleged by the Applicant that a Licensee has contravened or failed to comply with a licence condition issued in terms of the Electricity Regulation Act or any provisions of the Electricity Regulation Act; or |
| (c) | by submitting a section 32 of the Electricity Regulation Act investigation report confirming that an allegation made by a Complainant has substance. Where an allegation made by a Complainant is found to lack substance, a notice of non-referral will be issued by the Chairperson of the investigation, and the Complainant may decide to take the decision on review. |
| 3. | Any referral to a Tribunal must be filed with the Regulator Support Unit and must be accompanied by a statement setting out the following in numbered paragraphs: |
| (a) | A case number |
| (b) | Material facts or points of law relevant to the allegation relied upon by the Applicant |
| (d) | The process undertaken prior to such a Referral, including copies of notices or investigation reports |
| (e) | The relief sought from a Tribunal. |