Co-operatives Act, 2005 (Act No. 14 of 2005)

Regulations

Co-operatives Administrative Regulations, 2016

Chapter 1 : Co-operative Registration and Support

Part 3 : Co-operatives Tribunal

42. Other powers of members at pre-hearing conferences

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(1) At a pre-hearing conference, the assigned member of the Tribunal may—
(a)establish procedures for protecting confidential information, including the terms under which participants may have access to that information;
(b)direct the Commission to investigate specific issues or obtain certain evidence; or
(c)give directions in respect of—
(i)technical or formal amendments to correct errors in any documents filed in the matter;
(ii)any pending Notices of Motion;
(iii)clarifying and simplifying the issues;
(iv)obtaining admissions of particular facts or documents;
(v)the production and discovery of documents whether formal or informal;
(vi)witnesses to be called by the Tribunal at the hearing, the questioning of witnesses and the language in which each witness will testify;
(vii)a timetable for—
(aa)the exchange of summaries of expert opinions or other evidence that will be presented at the hearing; and
(bb)any other pre-hearing obligations of the parties;
(viii)determine the procedure to be followed at the hearing, and its expected duration;
(ix)a date, time and schedule for the hearing; or
(x)any other matters that may aid in resolving the complaint.

 

(2)At a pre-hearing conference, the assigned member of the Tribunal may require each participant to submit at a date to be determined, but before the hearing, a written statement summarising its argument, if any, with respect to the complaint, and identifying what it believes are the major unresolved issues.

 

(3)After concluding a pre-hearing conference, the assigned member of the Tribunal must issue an order recording any agreements or rulings arising from matters considered at the pre-hearing conference.

 

(4)A member of the Tribunal assigned by the Chairperson may schedule a further pre-hearing conference on their own motion, and the provisions of this rule apply to such a conference.