sec.139Procedure of AER

sec.139 Procedure of AER

In a dispute hearing the AER— is not bound by technicalities, legal forms or rules of evidence; and must act as speedily as a proper consideration of the access dispute allows, having regard to the need carefully and quickly to inquire into and investigate the access dispute and all matters affecting the merits, and fair settlement, of the access dispute; and may inform itself about any matter relevant to the access dispute in any way it thinks appropriate. The AER may determine the periods that are reasonably necessary for the fair and adequate presentation of the respective cases of the parties in the dispute hearing, and may require that the cases be presented within those periods. The AER may require evidence or argument to be presented in writing, and may decide the matters on which the AER will hear oral evidence or argument. The AER may determine that a dispute hearing is to be conducted by— telephone; or closed circuit television; or any other means of communication. The Rules may make further provision about the procedure for the conduct of dispute hearings. s 139 ins 2007 No. 53 (SA) s 75 (sec.139-ssec.1) In a dispute hearing the AER— is not bound by technicalities, legal forms or rules of evidence; and must act as speedily as a proper consideration of the access dispute allows, having regard to the need carefully and quickly to inquire into and investigate the access dispute and all matters affecting the merits, and fair settlement, of the access dispute; and may inform itself about any matter relevant to the access dispute in any way it thinks appropriate. (sec.139-ssec.2) The AER may determine the periods that are reasonably necessary for the fair and adequate presentation of the respective cases of the parties in the dispute hearing, and may require that the cases be presented within those periods. (sec.139-ssec.3) The AER may require evidence or argument to be presented in writing, and may decide the matters on which the AER will hear oral evidence or argument. (sec.139-ssec.4) The AER may determine that a dispute hearing is to be conducted by— telephone; or closed circuit television; or any other means of communication. (sec.139-ssec.5) The Rules may make further provision about the procedure for the conduct of dispute hearings.

• (a) is not bound by technicalities, legal forms or rules of evidence; and
• (b) must act as speedily as a proper consideration of the access dispute allows, having regard to the need carefully and quickly to inquire into and investigate the access dispute and all matters affecting the merits, and fair settlement, of the access dispute; and
• (c) may inform itself about any matter relevant to the access dispute in any way it thinks appropriate.
• (a) telephone; or
• (b) closed circuit television; or
• (c) any other means of communication.