Section 5: Proceedings of Tribunal

5. Proceedings of Tribunal (1) (a) Subject to this section, the Tribunal shall regulate the manner in which proceedings shall take place before it. (b) Where an appeal is lodged under section 4 (1), the Chairperson shall refer the matter to a division for hearing and a determination. (c) A determination of the Tribunal shall, unless all the persons constituting a division are agreed, be that of the majority. (2) (a) The Tribunal shall sit at such time and place as the Chairperson may determine. (b) Where the Tribunal adjourns any proceedings, it shall resume them at such place and time as the Chairperson may determine. (3) Any proceedings of the Tribunal shall— (a) be held in public; (b) be conducted with as little formality and technicality as possible; and (c) not preclude an endeavour by the Tribunal to effect an amicable settlement between the parties. (4) (a) Every appeal under section 4 (1) shall, subject to paragraph (b), be brought before the Tribunal by depositing, with the Secretary, a notice of appeal in the form set out in the Schedule, setting out the grounds of appeal concisely and precisely, not later than 21 days from the date of the decision under reference being notified to the party wishing to appeal. (aa) Every notice of appeal referred to in paragraph (a) shall be accompanied by— (i) a statement of case; and (ii) where necessary, any witness statement, with copy to all relevant parties. (ab) A statement of case shall contain precisely and concisely— (i) the facts of the case; (ii) the grounds of appeal and the arguments relating thereto; (iii) submissions on any point of law; and (iv) any other submissions relevant to the appeal. (ac) Any witness statement shall contain a signed statement by a witness certifying that the witness statement faithfully reproduces the facts obtained from the examination of records, statements or other documents or from any other source in relation to the appeal before the Tribunal. (ad) Any party served with a copy of the notice of appeal, statement of case and any witness statement shall, within 21 days of receipt thereof, forward his reply and comments thereon to the Tribunal, with copy to the appellant. [Issue 9] E11A – 4 (ae) The appellant may, within 21 days of receipt of the reply and comments, submit any reply and comment thereon to the Tribunal with copy to all relevant parties. (b) Where a decision referred to in paragraph (a) is one which is not, under the relevant Act, required to be notified to the person wishing to appeal, he shall deposit the notice and grounds of appeal with the Secretary not later than 21 days from the date on which public notice of the decision was given. (c) Any proceedings before the Tribunal, other than an appeal under section 4 (1), shall be initiated by way of proecipe and affidavit within 21 days of the date when the cause of action arose. (5) A party before the Tribunal may be represented by a barrister or an attorney or, with the leave of the Tribunal, be assisted by a person having expertise in the subject matter of the appeal. (6) The Tribunal may— (a) make such orders for requiring the attendance of any person or the production of any article or document as it thinks necessary or expedient; and (b) take evidence on oath and, for that purpose, administer an oath. (7) The Tribunal shall make a determination not later than 90 days after the start of the hearing of the appeal, except where there is a valid reason, and with the consent of the part assisted by a person having expertise in the subject matter of the appeal. (6) The Tribunal may— (a) make such orders for requiring the attendance of any person or the production of any article or document as it thinks necessary or expedient; and (b) take evidence on oath and, for that purpose, administer an oath. (7) The Tribunal shall make a determination not later than 90 days after the start of the hearing of the appeal, except where there is a valid reason, and with the consent of the parties. (8) The Tribunal may, upon consideration of the grounds of appeal set out in the notice of appeal and the objections made against the appeal, dismiss the appeal, where it appears to the Tribunal that it is trivial, frivolous or vexatious. (9) Any person who— (a) wilfully fails to attend a sitting of the Tribunal on being required to do so; (b) refuses to take an oath before the Tribunal or to answer fully and satisfactorily to the best of his knowledge and belief any question lawfully put to him in any proceedings before the Tribunal or to produce any article or document when required to do so by the Tribunal; (c) knowingly gives false evidence or evidence which he knows to be misleading before the Tribunal; or (d) at any sitting of the Tribunal— (i) wilfully insults the Chairperson, the Vice-chairperson or a member; or E11A – 5 [Issue 9] Environment and Land Use Appeal Tribunal Act (ii) wilfully interrupts the proceedings, or commits any contempt, of the Tribunal, shall commit an offence and shall, on conviction, be liable to a fine not exceeding 50,000 rupees and to imprisonment for a term not exceeding 12 months. (10) (a) The Tribunal may make such order as it thinks fit as to the costs payable by the losing party. (b) An order made under paragraph (a) may be enforced by the other party in the same manner as an order for costs in proceedings before a Magistrate. [S. 5 amended by s. 16 of Act 18 of 2016 w.e.f. 1 October 2016.]