Statistics Act, 1999
R 385
Films and Publications Act, 1996 (Act No. 65 of 1996)RulesEnforcement Committee Rules, 2022Schedule 1Part 3 : Enforcement Committee ProceduresOffers to Settle25. Withdrawing or changing a settlement offer |
| (1) | A settlement offer may only be withdrawn, or its terms changed, if the offeree has not previously served notice of acceptance. |
| (2) | The offeror withdraws the offer or changes its terms by serving written notice of the withdrawal or change of terms on the offeree. |
| (3) | Subject to sub-rule 25 (1) of Schedule 1, after the expiry of the relevant period— |
| (a) | the offeror may withdraw the settlement offer or change its terms without the permission of the Enforcement Committee; or |
| (b) | the settlement offer may be automatically withdrawn in accordance with its terms. |
| (4) | Where the offeror changes the terms of a settlement offer to make it more advantageous to the offeree, such improved offer is to be treated, not as the withdrawal of the original settlement offer, but as the making of a new settlement offer on improved terms. |
| (5) | Subject to sub-rules 25 (1) and 25 (6) of Schedule 1, if the offeror serves notice, before the expiry of the relevant period, of withdrawal of the settlement offer or change of its terms to be less advantageous to the offeree, that notice has effect on the expiry of the relevant period. |
| (6) | If the offeree serves notice of acceptance of the original settlement offer before expiry of the relevant period but after the offeror has served a notice of withdrawal of that offer or change of its terms to be less advantageous to the offeree, that acceptance has effect unless the Enforcement Committee gives permission for the original settlement offer to be withdrawn or its terms changed. |
| (7) | The offeror shall apply for such permission: |
| (a) | within 7 (seven) days of the offeree’s notice of acceptance; or |
| (b) | if earlier, before the first day of the substantive hearing. |
| (8) | On an application under sub-rule 25 (7) of Schedule 1, the Enforcement Committee may give permission for the original settlement offer to be withdrawn or its terms changed if satisfied that there has been a change of circumstances since the making of the original settlement offer and that it is in the interests of justice to give permission. |
