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Co-operatives Act, 2005 (Act No. 14 of 2005)

Regulations

Co-operatives Administrative Regulations, 2016

Chapter 1 : Co-operative Registration and Support

Part 3 : Co-operatives Tribunal

44. Initiating consent hearings

 

(1) If a complaint is to be proceeded with by way of a consent order the person filing the complaint must attach the following documents to it:
(a) a Notice of Motion in Form CT4, for a consent order to be made;
(b) a copy of each consent to order filed with the Tribunal in respect of the matter, if any; and
(c) a draft order in the terms agreed, signed by the parties indicating their consent to the order.

 

(2) At any time before the Tribunal makes a final order in a complaint proceeding, a party may request the Tribunal to make a consent order by filing a Notice of Motion in Form CT4 with the documents listed in sub-regulation (1)(b).

 

(3) A party intending to file a Notice of Motion—
(a) must notify each complainant, in writing, that a consent order may be proposed to the Tribunal; and
(b) invite the complainant to inform the Tribunal in writing within five(5) business days after receiving that notice—
(i) whether the complainant is prepared to accept damages under such an order; and
(ii) if so, the amount of damages claimed.

 

(4) A draft order filed in terms of this rule must meet the requirements set out by the Tribunal, read with the changes required by context.