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(c) appoint an evaluation committee consisting of the Director-General as chairman or any
person delegated by him for the purpose and not less than three or more than five other
members, not being members of the Authority, for the purpose of evaluating
applications for any licence for a cellular telecommunication service or a
telecommunication service for which specifications have been prepared in terms of
paragraph (b).
(3) In appointing the members of the evaluation committee the Board shall endeavour to
secure that each member is representative of groups or sectors of the community having an
interest in telecommunications, or is chosen for his experience or professional qualifications in
any one of the following fields or areas of competence⎯
(a) telecommunications technology;
(b) law, accountancy or administration.
(4) Where the Authority proposes to exercise its powers in terms of subsection (2) it shall
cause a notice to be published in the Gazette and in such newspaper as the Authority thinks
appropriate⎯
(a) describing the relevant specifications prepared in terms of paragraph (b) of subsection
(2); and
(b) indicating any conditions subject to which the relevant licence will be granted; and
(c) calling upon proposed applicants for the relevant licence to submit their applications to
the Authority by a specified date.
(5) The Authority shall without delay refer any application received in terms of paragraph
(c) of subsection (4) to the evaluation committee for its opinion as to whether the application
qualifies for consideration in terms of paragraphs (a) and (b) of subsection (4), and, if two or
more such applications qualify for consideration, the Authority shall cause a further notice to be
published in the Gazette calling upon the applicants concerned and any interested person who
wishes to do so to make oral or written representations on the applications to the evaluation
committee at the dates, times and places specified in the notice.
(6) For the purposes of receiving representations in terms of subsection (5) the members of
the evaluation committee shall have all of the powers, rights, privileges and duties conferred or
imposed upon a commissioner by the Commissions of Inquiry Act [Chapter 10:07], other than
the power to order a person to be detained in custody, and sections 9 to 13 and 15 to 18 of that
Act shall apply, mutatis mutandis, in relation to any hearing conducted by the evaluation
committee and to any person summoned to give or giving evidence for the purpose of the hearing.
(7) In any hearing conducted in terms of subsection (6) the evaluation committee shall ensure
that the rules commonly known as the rules of natural justice are duly observed and, in particular,
shall take all reasonable steps to ensure that every person whose interests are likely to be affected
by the outcome of the hearing is given an adequate opportunity to make representations in the
matter.
(8) After considering any representations received pursuant to a notice published in terms of
subsection (6), the evaluation committee shall make a report of its findings and recommendations
to the Authority, and the Authority shall, in such manner as it thinks fit, publish the report.
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