Civil Aviation Act, 2009 (Act No. 13 of 2009)

Rules

Rules Regulating the Conduct of the Proceedings of the Appeals Committee

9. Hearing
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(1) The hearing of an appeal shall take place at the place determined by the Chairperson of the Appeal Committee.

 

(2) The Appellant shall paginate and index the appeal papers and deliver four copies to the Secretariat and a copy to the Respondent.

 

(3) The Appeal Secretariat shall set the date for the hearing only after receipt of four files of paginated and indexed appeal papers.

 

(4) The notice of set down shall be served on all the parties not less than 10 days before the hearing.

 

(5) On the Day of the hearing, the Appellant will be afforded an opportunity to state his or her case first, call witnesses where necessary and produce evidence.

 

(6) The Respondent will be afforded an opportunity to cross examine any witnesses that have been called by Appellant.

 

(7) The Respondent will be afforded an opportunity to respond, call witnesses where necessary and produce evidence.

 

(8) Should the Appeal Committee deem it fit, they can call any witness that they feel can assist them in reaching a just and fair decision.

 

(9) Appeal Committee members may ask questions to clarify any issues that they may require clarity on. The Appellant will be afforded an opportunity to reply to the Respondent’s submission.

 

(10) Both parties will be afforded an opportunity to make closing arguments.

 

(11) A witness who is not a party to the proceedings may be ordered by the Appeal Committee to leave the hearing until his or her evidence is required or after his evidence has been given; or to remain in the hearing after his or her evidence has been given until the appeal is terminated or adjourned.

 

(12)The Appeal Committee may, before proceeding to hear evidence, require the parties to state shortly the issues of fact or questions of law which are in dispute and may record the issues so stated.

 

(13) If it appears to the Appeal Committee mero motu that there is a question of law or fact which may conveniently be decided either before any evidence is led or separately from any other question, the Appeal Committee may make an order directing the disposal of such question in such manner as it may deem fit and may order that all further proceedings be stayed until such question has been disposed of.

 

(14) If the question in dispute is a question of law and the parties are agreed upon the facts, the facts may be admitted in the hearing, either viva voce or by written statement, by the parties and recorded by the Appeal Committee and judgment may be given thereon without further evidence.

 

(15) When questions of law and issues of fact arise in the same case and the Appeal Committee is of opinion that the case may be disposed of upon the questions of law only, the Appeal Committee may require the parties to argue upon those questions only and may give its decision thereon before taking evidence as to the issues of fact and may give final judgment without dealing with the issues of fact.

 

(16) If on the pleadings the burden of proof is on the Appellant, he or she shall first adduce his or her evidence.

 

(17) Where, on the pleadings the burden of proof is on the respondent, the Respondent shall first adduce his or her evidence, and if necessary, the Appellant shall thereafter adduce his or her evidence.

 

(18) In a case of dispute as to the party upon whom the burden of proof rests, the Appeal Committee shall direct which party shall first adduce evidence.

 

(19) Any party may, with the leave of the Appeal Committee, added further evidence at any time before judgment; but such leave shall not be granted if it appears to the Appeal Committee that such evidence was intentionally withheld out of its proper order.

 

(20) The Appeal Committee may at any time before judgment, on the application of any party or of its own motion, recall any witness for further examination.

 

(21) Any witness may be examined by the Appeal Committee as well as by the parties.

 

(22) After the evidence on behalf of both parties has been adduced, the party who first adduced evidence may first address the Appeal Committee and thereafter the other party and the party who first adduced evidence may reply.

 

(23) The Appeal Committee may request the Department to make statements or answer questions on policy and legislative matters.

 

(24) The Appeal Committee may adjourn the proceedings at any time to consult amongst themselves or with any person on any matter relevant for the proceedings.