Section 59: Special jurisdiction of Tribunal
repealed (no longer in force). juris shows the text as it was consolidated; it does not confirm that this is the law in force today. The records juris holds show this law as repealed.
59. Special jurisdiction of Tribunal
(1) Subject to subsections (2) and (3), the Tribunal shall hear and dispose
of any appeal under this Act.
(2) Sections 40 to 44 of the Information and Communication
Technologies Act shall, as far as appropriate, apply to an appeal made under
this Act and to such decision as may be reached by the Tribunal on appeal
under this Act.
(3) Sections 39 and 42 (5) of the Information and Communication
Technologies Act shall not apply to an appeal under this Act.
(4) Subject to subsection (5), every appeal under section 59 shall be in
such form and be accompanied by such fees as may be prescribed.
(5) The Tribunal may entertain an appeal after the expiry of the period of
21 days where it is satisfied that there was sufficient cause for not lodging
the appeal within that period.
(6) The Tribunal may, after giving the parties to the appeal an
opportunity of being heard, pass such orders as it thinks fit, confirming,
varying or setting aside the decision appealed against.
(7) The Tribunal shall send a copy of every order made by it to the
parties to the appeal.
(8) Any appeal lodged with the Tribunal under this Act shall be dealt with
by it as expeditiously as possible and the Tribunal shall endeavour to dispose
of the appeal within 6 weeks from the date the appeal was lodged.
(9) Any person who does not comply with an order issued by the
Tribunal under subsection (6) shall commit an offence.
(10) No appeal shall lie against any decision made by the Tribunal
following a settlement reached with the consent of the parties or their
representatives.
[S. 59 amended by s. 2 (p) of Act 1 of 2009 w.e.f. 22 May 2009.]
(S. 59 came into operation on 16 February 2009.)
D3 – 31 [Issue 2]
Data Protection Act