Page:Copyright Regulations 1978 from Government Gazette.djvu/12

This page has been validated.
Staatskoerant, 22 Desember 1978
No. 625241

organisation or person applying to be made a party to the proceedings and to all other parties to the proceedings. In the case of a further reference under section 32, notice of the Tribunal's decision shall also be given to any other persons who were parties to the reference on which the Tribunal made the previous order with respect to the licence scheme.


Consideration of references and applications

26. (1) The Registrar shall, as soon as is practicable after all preliminary questions have been disposed of under regulation 25, fix a date for the consideration by the Tribunal of every reference under section 31 or 32 or application under section 33, and the Registrar shall give not less than 30 days prior notice in writing of the date so fixed to all parties to the reference or application.

(2) Every party wishing to make representations in writing to the Tribunal shall serve a copy of his representations on the Registrar and on every other party to the proceedings not less than 14 days before the date fixed under subregulation (1).

(3) Any party wishing the reference or application to be dealt with at a hearing before the Tribunal may serve notice to that effect in accordance with Form 8 on the Registrar and on every other party to the proceedings not less than seven days before the date fixed under subregulation (1), and in that case the Tribunal shall fix a place and time for the hearing, and the Registrar shall give notice in writing of the place and time so fixed to all parties to the proceedings.

(4) If no party serves notice requesting a hearing under subregulation (3), the Tribunal shall proceed to consider the reference or application and shall make such order thereon as it thinks just after considering all representations received by the Tribunal in support of and in opposition to the reference or application, as the case may be.


Procedure at hearing

27. (1) If notice is given by any party requesting a hearing under regulation 26 (3), every party to the reference or application shall be entitled to attend the hearing and to address the Tribunal and call oral evidence.

(2) The hearing shall be in public.

(3) Subject to the provisions of these regulations, the Tribunal shall, at any hearing or proceedings before it, have all such powers and jurisdiction as are possessed by a judge sitting alone to try a civil action before a provincial division of the Supreme Court, and it may, subject to these regulations, regulate the procedure before it in accordance with the provisions of the Uniform Rules of Court of the Supreme Court of South Africa.


Interlocutory applications

28. (1) Any proceedings before the Tribunal not leading to a final order shall be disposed of by the Tribunal.

(2) The application shall be made in writing, stating the grounds upon which it is made, and shall be sent to the Registrar.