Section 12: Proceedings of Tribunal

12. Proceedings of Tribunal (1) Subject to this section and to any regulations made under this Act, the Tribunal shall regulate its own procedure, but its proceedings shall be informal and take place in public. (2) The Tribunal shall be convened at such time and place as the Chairperson shall determine. (3) An application to the Tribunal under section 11 shall— (a) be made in writing; (b) be accompanied by the prescribed fee; (c) be lodged with the Registrar; and (d) at the latter’s request, be served by an usher on the other party together with a notice informing him of the date on which the matter will be heard. (4) A person may apply to be made a party to any proceedings before the Tribunal and the Tribunal shall, if it is satisfied that the person has an interest in the proceedings, grant the application. (5) A party to any proceedings before the Tribunal may be represented before it by a barrister or an attorney. (6) Before making a determination, the Tribunal shall give every party an opportunity to be heard and to adduce such evidence as may seem relevant to the Tribunal. (7) The Tribunal may— (a) take evidence on oath and, for that purpose, the Chairperson may administer an oath; and (b) summon and examine witnesses and, for that purpose, require the production of any document or other exhibit. (8) Every summons referred to in subsection (7) shall be issued by the Registrar and served, at his request, by an usher. (9) Every determination of the Tribunal— (a) shall, in case of disagreement between the members, be the decision of the majority; [Issue 1] L6 – 8 Revised Laws of Mauritius (b) shall be— (i) recorded in a register maintained by the Registrar which shall be open to inspection on payment of the prescribed fee; and (ii) binding on the parties to the proceedings and those in their right; and (c) may be proved in evidence before any Court by the production of a copy certified by the Registrar. (10) The Tribunal shall make a determination not later than 12 weeks after the start of the hearing of an application to the Tribunal under section 11. [S. 12 amended by s. 7 of Act 5 of 2005 w.e.f. 30 May 2005.]