Intellectual Property Rights from Publicly Financed Research and
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Consumer Protection Act, 2008 (Act No. 68 of 2008)NoticesSouth African Automotive Industry Code of ConductPart B : Alternative Dispute Resolution12. Minimum standards and powers of the MIOSA |
12.1 | The MIOSA will: |
12.1.1 | be registered with the Companies and Intellectual Property Commission as a NOT FOR PROFIT company in terms of the Companies Act, 71 of 2008; |
12.1.2 | comply with the requirements of the King Code of Governance Principles as amended from time to time. |
12.1.3 | at all times comply with the provisions of the Companies Act, 71 of 2008 and its regulations as amended from time to time relating to NOT FOR PROFIT Companies; |
12.1.4 | comply with all government regulation and legislation concerning Broad-Based Black Economic Empowerment including the Preferential Procurement Framework requirements; |
12.1.5 | be sufficiently resourced to perform and carry out its functions; |
12.1.6 | not be influenced when making its decisions; |
12.1.7 | be entirely responsible for the management and determination of complaints; |
12.1.8 | be accountable to the Minister, the Commissioner of the NCC and the Board; |
12.1.9 | act independently, objectively, openly and honestly; |
12.1.10 | have regard to the provisions of the Act as well as principles of the rule of law, of equality, fairness, justice and equity; |
12.1.11 | equally and impartially balance the rights of consumers (also called "complainants") and the rights of suppliers; |
12.1.12 | exercise its functions and duties in terms of these operating procedures; |
12.1.13 | resolve complaints as efficiently and as speedily as is possible; and |
12.1.14 | ensure that its staff perform their functions in terms of and according to these operating procedures; |
12.1.15 | be guided by the following considerations: |
12.1.15.1 | the Act; |
12.1.15.2 | the need to resolve disputes expeditiously. |