Section 53E: Proceedings of Review Panel
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
53E. Proceedings of Review Panel
(1) Any party to proceedings before the Review Panel may be represented by counsel or attorney or any other representative duly authorised by him,
who shall be allowed reasonable opportunity to present the case and,
in particular, to inspect documents which the Review Panel proposes to consider in determining the matter at issue.
(2) The burden of proving that the decision of the Bank is incorrect, or
what the decision should be, shall lie on the financial institution.
(3) The Review Panel shall not be bound by the rules of evidence but
may be guided by them on such matter as it considers appropriate in the circumstances.
(4) (a) The Chairperson of the Review Panel may make rules, not inconsistent with this Act, for or with respect to the proceedings of the Review
Panel.
(b) Rules made under paragraph (a) may provide for the payment of
costs by the parties in relation to the matter before the Review Panel.
(5) In the exercise of its functions, the Review Panel shall not be subject
to the direction or control of any other person or authority.
(6) Subject to this section, the Review Panel shall regulate its proceedings as it may determine and shall ensure that proceedings are conducted in
a manner which is consistent with the rules of natural justice and procedural
fairness.
[S. 53E inserted by s. 2 (e) of Act 27 of 2012 w.e.f. 22 December 2012.]