Cap. 20:29
LAI'.'D CmvThHSSION
No. 12/2017
which he or she considers material and relevant and the contentions in law
based thereon.
Such statement shall be called the "appellant's case" and shall be lodged
with the Commission in duplicate within sixty days of the date on which
notice of appeal is given to the Secretary and other person against whom
the appeal is made ("the respondent").
(2) Should the statement of facts in the appellant's case be admitted
by the respondent to be sufficient and conect, the respondent shall within
fomteen days of the lodging of the appellant's case draw up and submit
to the appellant a document embodying the admitted statement of facts,
the contentions in law of the appellant and the contentions in law of the
respondent. Such document shall be called an "agreed case".
(3) The appellant and the respondent may agree to a statement of
facts, each setting out his or her respective contention in law based on such
facts, in the form of an agreed case.
(4) The agreed case shall be transmitted to the Commission by the
respondent within fourteen days of submitting the agreed case to the appellant
in terms of subrule (2), and the arguments on appeal and the decision of the
Commission shall be confined to the facts admitted.
(5) Should the respondent not admit the statement of facts in the
appellant's case to be correct or sufficient, or should he or she not come
to an agreement with the appellant on a statement of facts, the respondent
shall within thirty days of the receipt of the appellant's case lodge with the
appellant a statement setting out which of the allegations he or she admits
as conect and which he or she denies, and shall set out all such other facts
which he or she considers relevant and material to the dete1mination of the
appeal. The respondent shall also state his or her contentions in law. Such
statement shall be called the "respondent's case".
(6) Should the appellant and the respondent not agree in regard to
the statement of facts, the respondent shall transmit to the Commission the
appellant's case and the respondent's case within thirty days of the lodgement
of the respondent's case with the appellant.
(7) The Commission shall, after consultation with the parties, notify
them of a day, time and place for the hearing of the appeal, such day being not
less than thitty days after the receipt of the agreed case or of the appellant's
and respondent's cases.
(8) If any facts are in dispute either the appellant or the respondent
may call such evidence and produce such documents at the hearing of the
appeal as may be deemed material and relevant.
(9) If neither the appellant nor anyone authorised to appear on his or
her behalf appears before the Commission at the time and place appointed
for the purpose then the Commission, upon the request of the respondent and
upon proof that the prescribed notice of the sitting of the Commission has
been given to the appellant, shall uphold the respondent's case, unless any
question of law arises, in which case the Commission may, before giving
its decision, call upon the respondent for argument in support of his or her
case.
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