Chapter 7: Complaints, Applications and Tribunal Hearings
Part A: Definitions used in this Chapter

R129: Definitions

In this Chapter, unless the context indicates otherwise:
  • (a) "Answer" means a document as described in regulation 143 and filed by a respondent;
    • (b) "applicant" means a person who submits an application to the Tribunal in terms of the Act or this Chapter;
      • (c) "Application" means a request submitted to the Tribunal in terms of the Act or these regulations;
        • (d) "complaint" means:
          • (i) a matter that has been submitted to the Commission in terms of section 168 (1)(b);
            • (ii) a matter initiated by the Commission in terms of section 168 (2); or
              • (iii) a matter that the Minister has directed the Commission to investigate, in terms of section 168 (3).
              • (e) "Complaint Referral" means an initiating document as described in regulations 140 (3) and 141 for the purposes contemplated in section 170 (1)(b);
                • (f) "Dispute Referral" means an initiating document as described in regulation 132 for the purposes of referring a dispute for alternative resolution to the Tribunal or an accredited entity, as contemplated in section 166 (1);
                  • (g) "initiating document", depending on the context, means either an Application, Complaint Referral, or a Dispute Referral
                    • (h) "initiating party":
                      • (i) in the case of a Complaint Referral, means the Commission, or other person referred to in regulation 141;
                        • (ii) in the case of a Dispute Referral, means the person who referred the matter to the Tribunal or accredited entity in terms of section 166 (1), read with regulation 132;
                          • (iii) in any other proceedings before the Tribunal, means the Applicant;
                          • (i) "intervenor" means any person who has been granted standing to participate in particular proceedings before the Tribunal in terms of section 181 (c), read with regulation 159;
                            • (j) "presiding member" means the member of the Tribunal designated by the chair to preside over particular proceedings;
                              • (k) "Reply" means a document as described in regulation 144 and filed by an initiating party in response to an Answer;
                                • (l) "respondent", when used in respect of:
                                  • (i) an application to review a notice issued by, or a decision of, the Commission, means:
                                    • (aa) the Commission, and
                                      • (bb) any other person concerned, except the applicant;
                                      • (ii) any other application, means the person against whom the relief is sought;
                                        • (iii) a Complaint Referral, means the person against whom that complaint has been initiated; or
                                          • (iv) a Dispute Referral, means any party to the dispute other than the initiating party;
                                          • (m) "sheriff" means a person appointed in terms of section 2 of the Sheriff's Act, 1986 (Act 90 of 1986), and includes a person appointed in terms of section 5 and section 6 of that Act as an acting sheriff and a deputy sheriff, respectively.

                                            Related Regulations

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