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

Rules

Rules for Conducting Tribunal Proceedings

9. Answer
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1.A Respondent must, within fifteen (15) business days of receipt of a Referral Notice, file an Answer with the Regulator Support Unit and serve a copy on the Applicant and the Complainant.

 

2. In respect of Tribunal proceedings initiated subsequent to an investigation report in terms of section 32 of the Electricity Regulation Act, the Respondent may, within fifteen (15) business days of receipt of a Referral Notice, file written representations on a Contravention confirmed in the section 32 report with the Regulator Support Unit and serve a copy on the Applicant and the Complainant.

 

3. An Answer that raises only a specific point of law as it relates to Governing legislation or a point in limine must clearly set out the specific question of law in contention or the point in limine.

 

4. An Answer not raising any specific point of law as it relates to Governing legislation must detail:
(a) an admission or denial of each averment set out in the Referral Notice or accompanying affidavit and where an averment is denied, a concise statement of the basis on which it is denied;
(b) if a fact is not disputed, it will be admitted as such; and
(c) an outcome desired by the Respondent.

 

5. An allegation set out in a Referral Notice that is not specifically denied in the Answer will be deemed to have been admitted.

 

6. In the event of a failure by the Respondent to file an Answer to the Notice of Referral, Rule 24 of the Tribunal Rules shall apply.