| (1) |
The Tribunal may make the orders contemplated in section 150 of the Act. |
| (2) |
An Applicant may make application by way of form TI.r25(2) for purposes of obtaining a default order, if no response to the application was filed within the time stated in the application. |
[Rule 25(2) substituted by rule 17 of Notice 428 of 2011, GG 34405, dated 29 June 2011]
| (2A) |
Upon the filing of an application in terms of subrule (2), a hearing date will be scheduled in accordance with rule 18(1). |
[Rule 25(2A) substituted by rule 26(1) of Notice No. R. 203, GG 38557, dated 13 March 2015]
| (3) |
The Tribunal may make a default order— |
| (a) |
after it has considered or heard any necessary evidence; and |
| (b) |
if it is satisfied that the application documents were adequately served. |
[Rule 25(3) substituted by rule 17 of Notice 428 of 2011, GG 34405, dated 29 June 2011]
| (4) |
The Tribunal may award costs in the circumstances contemplated in section 147 of the Act, in the following terms— |
| (a) |
the fees of a single representative may be allowed between party and party; |
| (b) |
the costs between party and party must be taxed by the Registrar according to the tariff agreed between the parties or otherwise according to the tariff applicable in the High Court; |
| (c) |
the Registrar may tax a bill of costs for services actually rendered in connection with proceedings, and call for any book, document paper or account that in the opinion of the Registrar is necessary to properly determine any matter relating to the taxation. |
| (5) |
The Registrar must not proceed to tax any bill of costs unless the party liable to pay the bill— |
| (a) |
is present or represented at the taxation; |
[Rule 25(5)(a) substituted by rule 26(2)(a) of Notice No. R. 203, GG 38557, dated 13 March 2015];
| (b) |
[Rule 25(5)(b) deleted by rule 26(2)(b) of Notice No. R. 203, GG 38557, dated 13 March 2015]; |
| (c) |
consented in writing to the taxation taking place in absentia; or |
| (d) |
received due notice as to the time and place of the taxation and of the party's right to be present, and despite this notice fails to appear, in person or by representative, at the taxation. |
[Rule 25(5)(d) substituted by rule 26(2)(c) of Notice No. R. 203, GG 38557, dated 13 March 2015]
| (6) |
The Registrar may delegate any of the responsibilities imposed under sub-rules (4) and (5) to a suitably qualified person in the employ of the Tribunal to conduct the taxation of bills of costs. |
| (7) |
The Tribunal may award punitive costs against any party who is found to have made a frivolous or vexatious application to the Tribunal. |
| (8) |
The taxation of costs is subject to the review of the High Court on application. |
Special Investigating Units and Special Tribunals Act, 1996
