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Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)

Regulations

Alternative Dispute Resolution Regulations

Chapter III : Alternative Dispute Resolution Procedure

18. Response

 

(1) Within 20 days of the date of commencement of the dispute the registrant must submit a response in paper format, in triplicate and in electronic format to the provider.

 

(2) Subject to a provider's supplementary procedure, the response must—
(a) respond to the statements and allegations contained in the dispute and detail any grounds to prove that the domain name is neither an abusive registration nor offensive registration as the case may be;
(b) provide the name, physical address (a domicilium citandi et executandi within the Republic of South Africa), e-mail addresses and the telephone and fax numbers of the registrant and of any representative authorised to act on behalf of the registrant in the dispute;
(c) specify a preferred method for transmission of material or communications sent in both paper format and electronic copy;
(d) if the complainant has elected a single adjudicator in the dispute, state whether the registrant elects instead to have the dispute decided by three adjudicators;
(e) identify any other legal proceedings that have been commenced or terminated in connection with or relating to any of the domain name(s) that are the subject of the dispute;
(f) conclude with the following statement followed by the signature of the registrant or his or her authorised representative and be administered as an oath or affirmation by a Commissioner of Oaths, or person holding a similar public office when signing the response in a foreign country:

"The registrant certifies that the information contained in this response is, to the best of registrant's knowledge, both complete and accurate, that this response is not being presented for any improper purpose, such as to harass the complainant, and that the assertions in this response are warranted under these Regulations and under applicable law.

 

                                                                             

Signature of Registrant

Date:

Place:

 

I certify that before administering the oath/affirmation I asked the deponent the following questions and wrote down her/his answers in his/her presence:

(i) Do you know and understand the contents of the declaration?

Answer:

(ii) Do you have any objection to taking the prescribed oath or affirmation?

Answer:

(iii) Do you consider the prescribed oath or affirmation to be binding on your conscience?

Answer:

 

I certify that the deponent has acknowledged that she/he knows and understands the contents of this declaration. The deponent utters the following words: "I swear that the contents of this declaration are true, so help me God." / "I truly affirm that the contents of the declaration are true". The signature/mark of the deponent is affixed to the declaration in my presence.

 

                                                                             

Commissioner of Oaths /

Person holding similar public office

Full Name:

Designation:

Area:

Office held ex officio:

Business address:

Date:

Place:”;

[Regulation 18(2)(f) substituted by regulation 9(a) of Notice No. 1246, GG 41237, dated 10 November 2017]

(g) annex any documentary or other evidence, together with a schedule indexing such evidence;
(h) be accompanied by any evidence available in electronic form; and
(i) comply with any word limitation imposed by a provider in the provider’s supplementary procedure.

 

(3) If the registrant does not submit a response, the adjudicator must decide the matter based on the dispute contemplated in regulation 16(1) and issue a summary decision in accordance with regulation 9(1)(a) or (b).

[Regulation 18(3) substituted by regulation 9(b) of Notice No. 1246, GG 41237, dated 10 November 2017]

 

(4) A summary decision will, however, only be granted by the adjudicator if the following requirements are met—
(a) that the registrant has been notified of the dispute in accordance with regulation 15(1);
(b) that the complainant has to the reasonable satisfaction of the adjudicator shown that he or she has rights in a name or mark, which is identical or similar to the domain name and, in the hands of the registrant the domain name is an abusive registration, or offensive registration; and
(c) that there are no other factors or circumstances present in the dispute that would unfairly deprive the registrant of the domain name.

[Regulation 18(4) inserted by regulation 9(c) of Notice No. 1246, GG 41237, dated 10 November 2017]

 

(5) A summary decision is regarded as a decision as contemplated in regulation 29.

[Regulation 18(5) inserted by regulation 9(c) of Notice No. 1246, GG 41237, dated 10 November 2017]