CHAPTER 458 - RHODESIA RAILWAYS ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Rhodesia Railways (Rates Tribunal) (Zambia) Rules

RHODESIA RAILWAYS (RATES TRIBUNAL) (ZAMBIA) RULES

[Section 34(7)]

Arrangement of Rules

   Rule

   1.   Title

   2.   Interpretation

   3.   Entry of appeal

   4.   Application for an extension of time in which to appeal

   5.   Notice of hearing

   6.   Evidence

   7.   Abandonment of appeal

   8.   Frivolous or vexatious appeals

   9.   Place of hearing

   10.   Service of documents

      SCHEDULE

GN 4 of 1961,

GN 188 of 1964,

GN 497 of 1964,

SI 154 of 1965.

[Rules by the Higher Authority for Railways]

1. Title

These Rules may be cited as the Rhodesia Railways (Rates Tribunal) (Zambia) Rules.

2. Interpretation

In these Rules, unless the context otherwise requires—

“form” means the appropriate form prescribed in the Schedule;

“President” means the President of the tribunal;

“Secretary” means the Secretary of the tribunal;

“tribunal” means the rates tribunal.

3. Entry of appeal

   (1) Any person who desires to appeal to the tribunal from a decision of the Board given in terms of sub-section (1) of section 33 of the Act (hereinafter called the appellant) shall, within three months of the date of such decision, give notice in writing to the authority of his appeal and shall at the same time send a copy of such notice of appeal to the Board.

   (2) In the notice of appeal, the appellant shall state the nature of the decision appealed against and shall set out therein clearly, specifically and in numbered sequence the grounds of his appeal.

   (3) Within fourteen days after the receipt of the copy of the notice of appeal, the Board shall send the record of the decision appealed against to the authority. The record shall consist of six true copies of each of the following, certified by the Chairman of the Board—

      (a)   the proceedings and decisions of the Board;

      (b)   a schedule setting out the full details of the relevant railway rates and matters related thereto;

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      (c)   a summary of the considerations and evidence taken into account for the purpose of reaching the decision;

      (d)   any other evidence the Board considers it desirable to include in the record.

   (4) The Board shall exclude from the record all documents that are not relevant to the subject-matter of the appeal and shall generally reduce the bulk of the record as much as possible, avoiding the production of unnecessary exhibits, the duplication of documents and the unnecessary repetition of headings.

[Am by GN 188 of 1964.]

4. Application for an extension of time in which to appeal

   (1) An application by the appellant for an extension of time in which to appeal shall be in Form RRT no. 1. Such application shall state briefly the grounds upon which the application is based and any facts alleged therein shall be supported by affidavit.

   (2) The application shall be delivered to the authority and at the same time a copy shall be sent by the appellant to the Board.

   (3) The Board may file with the authority an affidavit in reply within seven days of the copy of the application being sent to it or within such longer period as the authority may allow and shall at the same time send a copy of such affidavit to the appellant.

   (4) The authority shall, after considering the appellant’s application and any affidavit filed by the Board and after calling for any further evidence from the appellant or the Board that they consider necessary, reach a decision on whether they shall allow the appellant’s application or not.

   (5) The authority shall notify the appellant and the Board of their decision within fourteen days of the date on which they received the appellant’s application.

[Am by GN 188 of 1964.]

5. Notice of hearing

The Secretary shall, after obtaining directions from the President, give to the Board and to the appellant not less than twenty-one days’ notice of the place directed by the authority and the time appointed for the hearing of the appeal.

[Am by GN 188 of 1964.]

6. Evidence

   (1) The evidence used on appeal to the tribunal shall be the same as that used before the Board and no further evidence shall be given, except with the leave of the tribunal.

   (2) In any proceedings before it, the tribunal may accept evidence by affidavit or take oral evidence on oath or by affirmation and allow any witness to be cross-examined on his affidavit or oral evidence.

7. Abandonment of appeal

   (1) The appellant may at any time abandon his appeal by giving notice of abandonment in Form RRT no. 2 to the authority and shall at the same time send a copy of such notice to the Board.

   (2) Upon such notice being given to the authority, the appeal shall be deemed to have been dismissed by the tribunal.

[Am by GN 188 of 1964.]

8. Frivolous or vexatious appeals

If it appears to the tribunal that a notice of appeal against a decision of the Board discloses grounds of appeal which are frivolous or vexatious and that the appeal can be determined without a hearing, the tribunal may dismiss the appeal summarily without calling on any person to attend the hearing of such appeal.

9. Place of hearing

   (1) Save as is provided in sub-rule (2), every hearing before the tribunal shall be held at a place directed by the authority.

   (2) The Board or the appellant may, not later than fourteen days before the date appointed for the hearing, apply to the Secretary to conduct the hearing at a place other than the place directed by the authority. The President may, in his discretion and subject to such conditions as to notice and costs as he thinks fit, conduct the hearing at the place named in such application.

   (3) Where an application under sub-rule (2) is made by the Board or the appellant, the President shall not decide the application without giving the appellant or the Board, as the case may be, an opportunity to be heard.

[Am by GN 188 of 1964.]

10. Service of documents

Documents required to be delivered to the authority in terms of these rules shall be delivered to the Permanent Secretary, Ministry of Power, Transport and Works, for the attention of the authority.

SCHEDULE

PRESCRIBED FORMS

FORM RRT NO. 1

[Rule 4(1)]

RHODESIA RAILWAYS (RATES TRIBUNAL) (ZAMBIA) RULES

APPLICATION FOR AN EXTENSION OF TIME IN WHICH TO APPEAL