sec.176Procedure of relevant adjudicator

sec.176 Procedure of relevant adjudicator

In a dispute hearing the relevant adjudicator for an access dispute— 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 to carefully and quickly 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 relevant adjudicator 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 relevant adjudicator may require evidence or argument to be presented in writing, and may decide the matters on which the relevant adjudicator will hear oral evidence or argument. The relevant adjudicator 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 176 sub 2022 No. 21 (SA) s 75 (sec.176-ssec.1) In a dispute hearing the relevant adjudicator for an access dispute— 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 to carefully and quickly 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.176-ssec.2) The relevant adjudicator 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.176-ssec.3) The relevant adjudicator may require evidence or argument to be presented in writing, and may decide the matters on which the relevant adjudicator will hear oral evidence or argument. (sec.176-ssec.4) The relevant adjudicator may determine that a dispute hearing is to be conducted by— telephone; or closed circuit television; or any other means of communication. (sec.176-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 to carefully and quickly inquire into and investigate the access dispute and all matters affecting the merits, and fair settlement, of the access dispute; and