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Films and Publications Act, 1996 (Act No. 65 of 1996)

Rules

Enforcement Committee Rules, 2022

Schedule 1

Part 3 : Enforcement Committee Procedures

Additional Parties and Additional Cases

18. Additional parties

 

(1) The Enforcement Committee may grant permission to remove, add or substitute a party in the proceedings.

 

(2) An application for permission under this regulation shall be served on the parties to the proceedings and may be made by—
(a) an existing party; or
(b) a person who wishes to become a party.

 

(3) The Enforcement Committee may order any person to cease to be a party if it is not desirable for that person to be a party to the proceedings.

 

(4) The Enforcement Committee may order a person to be added as a new party if—
(a) it is desirable to add or substitute the new party so that the Enforcement Committee can resolve the matters in dispute in the proceedings; or
(b) there is an issue involving the new party and an existing party that is connected to the matters in dispute in the proceedings, and it is desirable to add the new party so as to resolve that issue.

 

(5) The Enforcement Committee may order a new party to be substituted for an existing one if—
(a) the existing party’s interest or liability has passed to the new party; and
(b) it is desirable to substitute the new party so that the Enforcement Committee can resolve the matters in dispute in the proceedings.

 

(6) The Enforcement Committee may add or substitute a party only if the addition or substitution is necessary.

 

(7) The addition or substitution of a new party, as the case may be, is necessary for the purpose of sub-regulation 18 (6) of Schedule 1 only if the Enforcement Committee is satisfied that—
(a) the new party is to be substituted for a party who was named in the notice form by mistake;
(b) the notice cannot properly be carried on by or against the original party unless the new party is added or substituted as applicant or respondent; or
(c) the original party’s interest or liability has passed to the new party.