Full legislation
s.10
Practice and procedure of Tribunal
(1) The Tribunal may, so far as it thinks fit, follow the practice and procedure of the Court of First Instance in the exercise of its civil jurisdiction, and for this purpose, has the same jurisdiction, powers and duties of the Court of First Instance in respect of such practice and procedure. (Replaced 3 of 2008 s. 38 ) (1A) Without prejudice to the generality of subsection (1), the Tribunal has the same jurisdiction, powers and duties of the Court of First Instance in respect of the punishment of a person guilty of contempt. (Added 3 of 2008 s. 38 ) (2) Without prejudice to the generality of the powers vested in it under subsection (1), the Tribunal may— (a) on the application of any party to any proceedings before it, or of its own motion, order any party to the proceedings to disclose to the Tribunal the existence of any document which is in the power of such party to produce and which the Tribunal considers is or may be material to the determination of the matter being heard by the Tribunal; (b) order any party to any proceedings before it— (i) to produce to the Tribunal any document which it may require and which is in the power of such party to produce; and (ii) to afford to any other party to the proceedings an opportunity to examine any such document or copy thereof and to take copies thereof; (c) together with the parties to any proceedings before it and any expert witness of any such party, enter on and inspect any land, premises or place which relates to the proceedings before the Tribunal or any land, premises or place contiguous or adjacent thereto; and (Amended 32 of 2002 s. 40 ; 16 of 2004 s. 16 ) (d) for good cause, enlarge the time, whether or not that time has already expired, fixed by any Ordinance— (i) for the giving of any notice (and whether or not the notice relates to any proceedings); (Replaced 32 of 2002 s. 40 ) (ii) for the taking of any step in any proceedings; (Amended 32 of 2002 s. 40 ) (iii) for the filing or lodging of any document in any proceedings. (Added 30 of 1983 s. 3 . Amended 32 of 2002 s. 40 ; 16 of 2004 s. 16 ) (e) (Repealed 16 of 2004 s. 16 ) (3) The Chief Justice after consultation with the President may make rules prescribing— (Amended 49 of 1982 s. 10 ) (a) the form of any document to be made or issued by any party or intending party for the purpose of any proceedings before the Tribunal; (b) the fees payable in respect of any proceedings before the Tribunal; (ba) the practice and procedure to be followed for dealing with any action or proceedings transferred from the Court of First Instance or the District Court; (Added 3 of 2008 s. 38 ) (c) the practice and procedure to be followed in any proceedings before the Tribunal or in any appeal from a decision of the Tribunal in so far as no provision is made therefor in this Ordinance; (d) the evidence which may be required or admitted in any proceedings before the Tribunal; (Added 80 of 1978 s. 3 ) (e) the award, taxation and recovery of costs; and (Added 49 of 1982 s. 10 ) (f) provisions generally for the better operation of this Ordinance. (Added 49 of 1982 s. 10 ) (4) The President may— (a) determine any form of document to be made or issued by the Tribunal; (b) determine any matter of procedure and practice in so far as no provision therefor is made under this Ordinance; and (c) give directions as to the distribution and disposal of the business of the Tribunal. (Replaced 49 of 1982 s. 10 ) (5) (a) The proceedings of the Tribunal shall be conducted with as much informality as is consistent with attaining justice and, for this purpose, the President may give directions as to the manner and form in which proceedings shall be conducted. (b) Directions by the President under paragraph (a) may be given in such manner as he thinks fit and need not be published in the Gazette. (Added 49 of 1982 s. 10 ) (6) The Tribunal may admit in evidence any statement, document, information or matter, whether or not it would otherwise be admissible in evidence and attach such weight to it as may be appropriate in the circumstances. (Added 49 of 1982 s. 10 )