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

Rules

Enforcement Committee Rules, 2022

Schedule 1

Part 3 : Enforcement Committee Procedures

Case Management

28. Directions

Purchase

(1)

The Enforcement Committee may at any time, on the request of a party or of its own initiative, at a case management conference, pre-hearing conference or otherwise, give such directions as are provided for in sub-rule 28 (2) of Schedule 1 or such other directions as it thinks fit to secure that the proceedings are dealt with justly and at proportionate cost.

(2)	The Enforcement Committee may give directions—

(a)	as to the manner in which the proceedings are to be conducted, including any time limits to be observed in the conduct of the oral hearing;

(b)	that the parties file a reply, rejoinder or other additional pleadings or particulars;

(c)	for the preparation and exchange of skeleton arguments;

(d)	requiring persons to attend and give evidence or to produce documents;

(e)	requiring clarification of any matter in dispute or additional information in relation to any such matter;

(f)	as to the evidence which may be required or admitted in proceedings before the Enforcement Committee and the extent to which it must be oral or written;

(g)	as to the submission in advance of a hearing of any witness statements or expert reports;

(h)	as to the examination or cross-examination of witnesses;

(i)	for the filing of a list of issues;

(j)	for the production of bundles for any hearing;

(k)	for the creation of a confidentiality ring;

(l)	as to the fixing of time limits with respect to any aspect of the proceedings;

(m)	as to the abridgement or extension of any time limits, whether or not expired;

(n)	that the whole or part of any proceedings or judgment be stayed either generally or until a specified date or event;

(o)	to enable a disputed decision to be referred back in whole or in part to the person by whom it was taken;

(p)	for the disclosure and the production by a party or third party of documents or classes of documents;

(q)	for the appointment and instruction of experts, whether by the Enforcement Committee or by the parties and as to the manner in which expert evidence is to be given;

(r)	for the costs management of proceedings, including for the provision of such schedules of incurred and estimated costs as the Enforcement Committee thinks fit;

(s)	for the award of costs or expenses, including any allowances payable to persons in connection with their attendance before the Enforcement Committee;

(u)	for the hearing of any issues as preliminary issues prior to the main substantive hearing; and

(v)	for hearing a person who is not a party where, in any proceedings, it is proposed to make an order or give a direction in relation to that person.

(3)	The Enforcement Committee may also, of its own initiative—

(a)	put questions to the parties;

(b)	invite the parties to make written or oral submissions on certain aspects of the proceedings;

(c)	ask the parties or third parties for information or particulars;

i.	ask for documents relating to the case to be produced; and

ii.	summon the parties’ representatives or the parties in person to meetings.

(4)	A request by a party for directions shall—

(a)	be made in writing as soon as practicable;

(b)	be supported by reasons and indicate whether it is agreed or contested by the other parties;

(c)	be served on any other party who might be affected by such directions; and

(d)	be determined by the Enforcement Committee taking into account the observations of the parties.