Gazette 4962
ORIGINAL PDF ↗#@ *OVERNMENT GAZETTE
#@ OF THE REPUBLICampX OF NAMIBIA
| N | WINDHOEK June | No | |JJJJJJJJJJJJJJJJJ|JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ|JJJJJJJJJJJJJJJJJ| | CONTENTS Page | CONTENTS Page | CONTENTS Page | | *ENERALNOTICES | GENERALNOTICES | | | No | Communications Regulatory Authority of Namibia Notice in terms of the regulations regarding licencing procedures for telecommunications and broadcasting service licences and spectrum use licences | | | No | Communications Regulatory Authority of Namibia Notice in terms of the regulations regarding licencing procedures for telecommunications and broadcasting service licences and spectrum use licences | | | No | Communications Regulatory Authority of Namibia Notice in terms of the regulations regarding the submissions of interconnection agreements and tariffs | | | No | Communications Regulatory Authority of Namibia Notice in terms of the regulations regarding licencing procedures for telecommunications and broadcasting service licences and spectrum use licences | | | No | Communications Regulatory Authority of Namibia Notice of intention to make regulations regarding hearings | | | No | Communications Regulatory Authority of Namibia Notice of intention to make regulations regarding conÀdential information and conÀdential communications with the Authority | | | *eneral Notices | General Notices | General Notices | | No | COMMUNICATIONS REGULATORYAUTHORITYOFNAMIBIA | |
NOTICampXE IN TERMS OF THE REGULATIONS REGARDING LICampXENSING PROCampXEDURES FOR TELECampXOMMUNICampXATIONS AND BROADCampXASTING SERVICampXE LICampXENCampXES AND SPECampXTRUM USE LICampXENCampXES
The CampXommunications Regulatory Authority of Namibia in terms of Regulation and of the ´Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licencesµ in Government Gazette No Notice No dated August herewith gives notice of the following persons who are issued with Spectrum Use Licences as set out in the ´Regulations Setting Out Broadcasting and Telecommunications Service Licence CampXategoriesµ in Government Gazette No Notice No dated May
The licenses are issued subject to the conditions for Broadcasting Service Licences to be published in terms of the Regulations Regarding Rule Making Procedure
#@ REASONS FOR DECampXISION
The Authority issues this decision based on the following reasons
- The persons whose licences are issued have complied with the ´Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licencesµ in Government Gazette No Notice No dated August and Section of the CampXommunications Act Act No of
#@ PLEASE NOTE
The following is the list of persons who are issued with licenses with effect from the date of publication of this notice in the Gazette
| Licensee | Licensee·s citizenship or place of incorpora tion | Percentage of Stock owned by Namib ian Citizens or Namibian Companies Controlled by Namibian Citizens | Description of geographic coverage area s | List of Radio frequencies or groups of radio assigned | Service to be provided using frequency as signed | Proof of Spectrum Use Licence Application Fees paid up to date Submitted? | |JJJJJJJJJJJJJJJJJJJJJJJJ|JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ|JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ|JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ|JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ|JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ|JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ| | Parktown Investment cc | Namibia | | Windhoek Swakopmund Walvis Bay Rossing Mountain | MHz MHz MHz MHz | Commercial Broadcasting Service | Yes | | Carol Ann van der Walt | Namibian | | Swakopmund Walvisbay | MHz MHz | Commercial Broadcasting Service | Yes |
#@ L N -ACampXOBS CampXHAIR PERSON BOARD OF DIRECampXTORS CampXOMMUNICampXATIONS REGULATORCltX AUTHORITCltX OF NAMIBIA
#@ CampXOMMUNICampXATIONS REGULATORCltX AUTHORITCltX OF NAMIBIA
No
#@ NOTICampXE IN TERMS OF THE REGULATIONS REGARDING LICampXENSING PROCampXEDURES FOR TELECampXOMMUNICampXATIONS AND BROADCampXASTING SERVICampXE LICampXENCampXES AND SPECampXTRUM USE LICampXENCampXES
The CampXommunications Regulatory Authority of Namibia in terms of Regulation and of the ´Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licencesµ in Government Gazette No Notice No dated August herewith gives notice of the following person who are issued with a deemed telecommunications service licence and a Spectrum Use Licences as set out in the ´Regulations Setting Out Broadcasting and Telecommunications Service Licence CampXategoriesµ in Government Gazette No Notice No dated May
The licenses are issued subject to the conditions for Telecommunications Service Licences to be published in terms of the Regulations Regarding Rule Making Procedure and the speciÀc conditions to be made in terms of section of the CampXommunications Act Act No of
#@ REASONS FOR DECampXISION
The Authority issues this decision based on the following reasons
- The person whose licence is issued has complied with the ´Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licencesµ in Government Gazette No Notice No dated August and Section of the CampXommunications Act Act No of
- The Licensee is deemed to have telecommunications service licensee in terms of section of the CampXommunications Act Act No of
The following is the list of persons who are issued with a license with effect from the date of publication of this notice in the Gazette
| No | Licensee | Type of service license | Applicants Citizen ship or place of incorpora tion | Percentage of Stock owned by Namib ian Citizens or Namibian citizens or Namibian Companies controlled by Namibian Citizens | Radio Frequencies or group of frequencies assigned MHz | Descrip tion of geographic coverage area s | Ser vices to be provided using the spectrum assigned | Proof of Spectrum Use Licence Application Fees Paid Up to Date Submitted? | |JJJJJJ|JJJJJJJJJJJJJJJJJJJJJJJJJ|JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ|JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ|JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ|JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ|JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ|JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ|JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ| | | Telecom Namibia Limited | Deemed Tele communications and Service Li cense in terms of Section of the Communications Act No of Individual Comprehensive telecommunica tions service licence [ECS and ECNS] | Namibia | | | Namibia | FIXED | Yes |
L N -ACampXOBS CampXHAIR PERSON BOARD OF DIRECampXTORS CampXOMMUNICampXATIONS REGULATORCltX AUTHORITCltX OF NAMIBIA
No
#@ NOTICampXE IN TERMS OF THE REGULATIONS REGARDING THE SUBMISSIONS OF INTERCampXONNECampXTION AGREEMENTS AND TARIFFS
The CampXommunications Regulatory Authority of Namibia in terms of regulation of the ´Regulations Regarding the Submission of Interconnection Agreements and Tariffsµ published in Government Gazette No Notice No dated May herewith gives notice that Mobile Telecommunications Limited Wireless Technologies Namibia Pty Ltd and Africa Online Pty Ltd have Àled a tariff with the Authority
Any person may examine copies of the tariffs submitted at the head ofÀces of the Authority during normal business hours and copies may be made on payment of a fee determined by the Authority CampXopies are also available at www cran na where copies may be downloaded free of charge
The public may submit in writing to the Authority written comments within fourteen days from the date of publication of this notice in the Gazette
Mobile Telecommunications Limited Wireless Technologies Namibia Pty Ltd and Africa Online Pty Ltd may submit in writing to the Authority a response to any written comments within fourteen days from the lapsing of the time to submit written submissions
All written submissions must contain the name and contact details of the person making the written submissions and the name and contact details of the person for whom the written submission is made if different and be clear and concise
All written submissions and reply comments must be made either physically or electronically ²
- By hand to the head ofÀces of the Authority namely CampXommunication House Robert Mugabe Avenue Windhoek
- By post to the head ofÀces of the Authority namely Private Bag Windhoek
- By electronic mail to the following address enamwoonde@cran na
- By facsimile to the following facsimile number or
- By fax to e mail to
#@ S SHANAPINDA CampXHIEF EXECampXUTIVE OFFICampXER CampXOMMUNICampXATIONS REGULATORCltX AUTHORITCltX OF NAMIBIA
#@ CampXOMMUNICampXATIONS REGULATORCltX AUTHORITCltX OF NAMIBIA
No
NOTICampXE IN TERMS OF THE REGULATIONS REGARDING LICampXENSING PROCampXEDURES FOR TELECampXOMMUNICampXATIONS AND BROADCampXASTING SERVICampXE LICampXENCampXES AND SPECampXTRUM USE LICampXENCampXES
The CampXommunications Regulatory Authority of Namibia in terms of regulation of the ´Regulations Regarding Licensing Procedures for Telecommunications and Broadcasting Service Licences and Spectrum Use Licencesµ in Government Gazette No Notice No dated August herewith gives notice that the Broadcasting Service Licensees referred to in the table below submitted application forms for Spectrum Use Licenses to the Authority
| Applicant | Applicant·s citizenship or place of incorpora tion | Percentage of Stock owned by Namibian Citizens or Namibian Companies Controlled by Namib ian Citizens | Service in tended to be provided using spectrum? | List of Radio frequencies applied for | Geographic coverage area applied for | Proof of Spectrum Use Licence Application Fees paid up to date Submitted? | |JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ|JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ|JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ|JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ|JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ|JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ|JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ| | Media for Christ Association incorporated not for gain | Namibia | | Community Broadcasting Service | MHz MHz MHz MHz MHz MHz MHz MHz MHz MHz | Outapi Ootmoet Farm Buitepos Gamsberg Koss Twee Riviere Tsumeb Oshikoto Region Duineveld Uis | No | | Cosmos Digital Namibia | Namibia | | Commercial Broadcasting Service | MHz MHz MHz MHz MHz MHz MHz MHz MHz | Noordoewer Karibib Usakos Omaruru Mariental Keetmanshoop Rundu Grootfontein Tsumeb Otjiwarango Gobabis | No | | Fresh FM Pty Ltd | Namibia | | Commercial Broadcasting Service | MHz MHz | Swakopmund Walvis Bay | No |
The public may submit comments in writing to the Authority within a period of fourteen days from the date of publication of this notice in the Gazette
The applicant may submit written reply comments within fourteen days from the due date of the written public comments
All written submissions must contain the name and contact details of the person making the written submissions and the name and contact details of the person for whom the written submission is made if different and be clear and concise
All written submissions and reply comments must be made either physically or electronically ²
- By hand to the head ofÀces of the Authority namely CampXommunication House Robert Mugabe Avenue Windhoek
- By post to the head ofÀces of the Authority namely Private Bag Windhoek
- By electronic mail to the following address enamwoonde@cran na
- By facsimile to the following facsimile number or
- By fax to e mail to
#@ S SHANAPINDA CampXHIEF EXECampXUTIVE OFFICampXER CampXOMMUNICampXATIONS REGULATORCltX AUTHORITCltX OF NAMIBIA
#@ CampXOMMUNICampXATIONS REGULATORCltX AUTHORITCltX OF NAMIBIA
No
#@ NOTICampXE OF INTENTION TO MAKE REGULATIONS REGARDING HEARINGS
The CampXommunications Regulatory Authority of Namibia in terms of the ´Regulations Regarding Rule Making Procedures CampXommunications Act µ published as No in Government Gazette No dated December publishes this Notice of Intention to Make Regulations which contains the following
#@ A concise statement of purpose
A draft of the proposed Regulations Regarding Hearings
Written comments may be submitted in accordance with the Regulations Regarding Rule Making Procedures CampXommunications Act within thirty days from the date of publication of this Notice
Written reply comments may be submitted in accordance with the Regulations Regarding Rule Making Procedures CampXommunications Act within fourteen days from the date on which written comments are due to be submitted
#@ CampXoncise statement of purpose
The proposed ´Regulations Regarding Hearingsµ are made in terms of sections and of the Act They apply to all hearings that are called for in terms of the Act or in terms of any regulations made by the Authority in terms of the Act
There may be more speciÀc regulations regarding particular hearings in other regulations Therefore these generic hearing regulations must be read with the relevant provisions of the Act and any relevant regulations
#@ Proposed Regulations Regarding Hearings
The CampXommunications Regulatory Authority of Namibia hereby makes these regulations in terms of sections read with section of the CampXommunications Act Act No of
#@ DeÀnitions
- In these regulations any word or expression to which a meaning is assigned in the Act shall have the same meaning and
´Actµ means the CampXommunications Act Act No of
#@ Submission of documents to the Authority
- In these regulations when persons are permitted or called upon to submit information to the Authority in writing they may do so either physically or electronically
- a by hand to the head ofÀces of the Authority namely CampXommunication House Robert Mugabe Avenue Windhoek
- b by post to the head ofÀces of the Authority namely Private Bag Windhoek
- c by electronic mail to the following address enamwoonde@cran na
- d by facsimile to the following facsimile number or
- e in any other manner or at alternative addresses set out by the Authority from time to time
#@ Applicability
- These regulations are applicable to hearings conducted by the Authority in terms of the Act or regulations made in terms of the Act
- These regulations must be read with any relevant provisions of the Act and any regulations made in terms of the Act
#@ The Authority·s discretion to hold hearings
- If the Act or regulations require the Authority to hold a hearing or if the Authority exercises its discretion to hold a hearing except if there is a speciÀc requirement to hold a paper or oral hearing the Authority may hold either a paper hearing or an oral hearing or both
#@ Written Submission Paper hearings
-
If the Authority decides to hold a paper hearing it will invite all relevant persons in terms of the Act and regulations to submit in writing to the Authority written representations within the time set out in the invitation
-
If the Authority considers it necessary or appropriate it will provide the opportunity for written responses to written submissions and for written replies to written responses
-
Written responses and written replies must be submitted in writing to the Authority within the time set out by the Authority
-
The times for the submission of written representations responses and replies will be determined by the Authority in light of the nature of the hearing
-
The Authority may consider written submissions not timeously Àled if in its opinion it is practicable and appropriate to do so
-
The Authority may request further written or oral submissions which must be provided to the Authority in the manner set out by the Authority
-
All written submissions must
-
a contain the name and contact details of the person making the submission and the name and contact details of the person for whom the submission is made if different
-
b be clear and concise and
-
c conform to any further requirements determined by the Authority
#@ Oral hearings
- If the Authority decides to hold an oral hearing it will invite all relevant persons in terms of the Act and regulations to make oral submissions at the time set out in the invitation
- Unless otherwise speciÀed by the Authority hearings will be open to the public
- The format and agenda of the hearing is at the discretion of the Authority depending on the nature of the hearing
- The Authority may request further oral or written submissions which must be provided to the Authority in the manner set out by the Authority
- All oral submissions must
- a include a statement indicating the name and contact details of the person making the oral submission and the name and contact details of the person for whom the oral submission is made if different
- b be clear and concise and
- c conform to any further requirements determined by the Authority
#@ Decisions of the Authority
- After the conclusion of the hearing the Authority will decide the issue or issues required to be decided in terms of the Act or regulations
- The Authority·s decision and reasons will be communicated to all relevant persons and may be published in the Gazette
- The Authority will keep a register of decisions which will be held at the head ofÀces of the Authority and if practicable on the Authority·s website
- Except for conÀdential information any person may examine any decision and reasons at the head ofÀces of the Authority during normal business hours and copies may be made on payment of a fee determined by the Authority from time to time and if available on the Authority·s website where copies may be downloaded free of charge
#@ CampXonÀdential information and communications
- Any person providing written information to the Authority may designate all or part of the information conÀdential in terms of section of the Act in which case the Authority·s Regulations regarding CampXonÀdential Information and CampXonÀdential CampXommunications with the Authority will apply
- Any person making oral submissions may request a closed hearing on the grounds that the submissions are conÀdential in which case the submissions will be treated as a conÀdential meeting in terms of section of the Act and the Authority·s Regulations regarding CampXonÀdential Information and CampXonÀdential CampXommunications with the Authority will apply
#@ Ex Parte communications
- A person may not communicate with the members of the Board the CampXEO or staff members of or consultants to the Authority to discuss the subject matter of request for conÀdentiality proceeding except as provided for herein
#@ Record of proceedings
- All documents deemed relevant by the Authority to the hearings contemplated by these regulations must be maintained by the Authority in its Àles located at the head ofÀces of the Authority
- Except for conÀdential information any person may examine the Authority·s Àles at the head ofÀces of the Authority during normal business hours and copies may be made on payment of a fee determined by the Authority from time to time and if available on the Authority·s website where copies may be downloaded free of charge
#@ Reconsideration
- The Authority may on its own reconsider any decision made in terms of these regulations within the time set out in section of the Act
- Any person may submit to the Authority in writing a request to reconsider any decision made in terms of these regulations within days of notice of the decision and the Authority must reconsider such decision within the time set out in section of the Act
- The Authority may publish its decision on reconsideration without further submissions being received or it may provide an opportunity for further submissions in a manner set out by the Authority
#@ S SHANAPINDA CampXHIEF EXECampXUTIVE OFFICampXER CampXOMMUNICampXATIONS REGULATORCltX AUTHORITCltX OF NAMIBIA
#@ CampXOMMUNICampXATIONS REGULATORCltX AUTHORITCltX OF NAMIBIA
No
NOTICampXE OF INTENTION TO MAKE REGULATIONS REGARDING CampXONFIDENTIAL INFORMATION AND CampXONFIDENTIAL CampXOMMUNICampXATIONS WITH THE AUTHORITCltX
The CampXommunications Regulatory Authority of Namibia in terms of the ´Regulations Regarding Rule Making Procedures CampXommunications Act µ published as No in Government Gazette No dated December publishes this Notice of Intention to Make Regulations which contains the following
- xA concise statement of purposezE@JfrqflvhJvwdwhphqwJriJsxusrvhF
- A draft of the proposed Regulations Regarding CampXonÀdential Information and CampXonÀdential CampXommunications with the Authority
Written comments may be submitted in accordance with the Regulations Regarding Rule Making Procedures CampXommunications Act within thirty days from the date of publication of this Notice
Written reply comments may be submitted in accordance with the Regulations Regarding Rule Making Procedures CampXommunications Act within fourteen days from the date on which written comments are due to be submitted
#@ CampXoncise statement of purpose
The proposed ´Regulations Regarding CampXonÀdential Information and CampXonÀdential CampXommunications with the Authorityµ are made in terms of sections and of the Act
Section concerns the treatment of conÀdential information by the Authority These regulations set out the procedure to be followed if any person wants to request submissions of information to the Authority as conÀdential
Section allows persons to request conÀdential meetings with the Authority These regulations also set out the procedures to be followed in that event
#@ Proposed Regulations Regarding CampXonÀdential Information and CampXonÀdential CampXommunications with the Authority
The CampXommunications Regulatory Authority of Namibia hereby makes these regulations in terms of sections and read with section of the CampXommunications Act Act No of
#@ DeÀnitions
- In these regulations any word or expression to which a meaning is assigned in the Act shall have the same meaning and ²
´Actµ means the CampXommunications Act Act No of
#@ Submission of documents to the Authority
- In these regulations when persons are permitted or called upon to submit information to the Authority in writing they may do so either physically or electronically
- by hand to the head ofÀces of the Authority namely CampXommunication House Robert Mugabe Avenue Windhoek
- by post to the head ofÀces of the Authority namely Private Bag Windhoek
- by electronic mail to the following address enamwoonde@cran na
- by facsimile to the following facsimile number or
- in any other manner or at alternative addresses set out by the Authority from time to time
#@ Applicability
- These regulations are applicable to
- conÀdential information submitted to the Authority as contemplated in section of the Act and
- conÀdential communications with the Authority as contemplated in section of the Act
#@ CampXonÀdential information
- Subject to sub regulation any person submitting written information to the Authority may designate all or part of the information conÀdential in terms of section of the Act
- If a person designates all or part of the information conÀdential it must submit in writing to the Authority clear and concise reasons why the information is designated conÀdential
- If the Authority has reason to believe that the designated information is not conÀdential it will inform the person along with its reasons for that belief and inform the person that they may withdraw the information consent that it will not be treated as conÀdential or request a hearing on the issue of conÀdentiality to be conducted in terms of section of the Act
- Any information that is required to be made public by a person or the Authority in terms of the Act or any regulations made in terms of the Act may not be designated conÀdential
#@ Hearings
- If the person claiming conÀdentiality in terms of section c of the Act requests a hearing the Authority may hold either a paper hearing or an oral hearing or both
- In terms of section the burden of proof lies with the person claiming conÀdentiality
#@ Written Submissions Paper hearings
- If the Authority decides to hold a paper hearing it will invite the person requesting the hearing to submit in writing to the Authority reasons why the person disagrees with the Authority·s belief that the designated information is not conÀdential within the time set out in the invitation
- The Authority may request further written or oral submissions which must be provided to the Authority in the manner set out by the Authority
- All written submissions must
- a contain the name and contact details of the person making the submission and the name and contact details of the person for whom the submission is made if different
- b be clear and concise and
- c conform to any further requirements determined by the Authority
#@ Oral hearings
- If the Authority decides to hold an oral hearing it will invite the person requesting the hearing to make oral submissions to the Authority with regard to the reasons why the person disagrees with the Authority·s belief that the designated information is not conÀdential within the time set out in the invitation
- The format and agenda of the hearing is at the discretion of the Authority
- All oral submissions must
- a include a statement indicating the name and contact details of the person making the oral submission and the name and contact details of the person for whom the oral submission is made if different
- b be clear and concise and
- c conform to any further requirements determined by the Authority
- The Authority may request further oral or written submissions which must be provided to the Authority in the manner set out by the Authority
#@ Decisions of the Authority
- At the conclusion of the hearing the Authority will decide whether the designated information is conÀdential
- The Authority·s decision and reasons will be communicated to the person requesting the hearing and if the decision is that the information is not conÀdential the Authority will inform the person that they may withdraw the information or consent that it will not be treated as conÀdential
#@ Ex Parte CampXommunications
- A person may not communicate with the members of the Board the CampXEO or staff members of or consultants to the Authority to discuss the subject matter of request for conÀdentiality except as provided for herein
#@ Record of proceedings
- All documents deemed relevant by the Authority to the proceedings contemplated by these regulations including the Authority·s decision and reasons must be maintained by the Authority in its Àles located at the head ofÀces of the Authority
- Except for conÀdential information any person may examine the Authority·s Àles at the head ofÀces of the Authority during normal business hours and copies may be made on payment of a fee determined by the Authority from time to time and if available on the Authority·s website where copies may be downloaded free of charge
#@ Reconsideration
-
The Authority may on its own reconsider any decision made in terms of these regulations within the time set out in section of the Act
-
Any person may submit to the Authority in writing a request to reconsider any decision made in terms of these regulations within thirty days of notice of the decision and the Authority must reconsider such regulation within the time set out in section of the Act
-
The Authority may publish its decision on reconsideration without further submissions being received or it may provide an opportunity for further submissions in a manner set out by the Authority
#@ CampXonÀdential communications with the Authority
-
Subject to sub regulation a person may submit in writing to the Authority a request for a conÀdential meeting with the Authority in terms of section of the Act
-
A person may not request a conÀdential meeting with the Authority
-
a if the topic s of the meeting concerns information that the Authority believes or has decided is not conÀdential in terms of the Act and these regulations or
-
b if that person is prohibited from engaging in ex parte communications with the Authority on the topic s of the requested meeting by any regulations made in terms of Act
-
The request for a conÀdential meeting with the Authority must include
-
a the name and contact details of the person making the request and the name and contact details of the person for whom the request is made if different
-
b a clear and concise statement s of the topic s of the meeting
-
c a list of all the persons who will attend the meeting and
-
d a list of all of the written information if any that will be submitted to the Authority at the meeting
-
If the Authority grants the request in terms of section of the Act it will publish notice of the meeting in the Gazette at least seven days prior to the meeting provided that if the person requesting the meeting has shown sufÀcient cause for urgency publication in the Gazette may be made less than seven days
-
At the conclusion of the meeting the Authority will prepare a report setting out all relevant details of the meeting and keep that report in its Àles located at the head ofÀces of the Authority
-
Any written information submitted to the Authority at the meeting will be treated as if designated conÀdential in terms of section of the Act in which case the regulations herein regarding conÀdential information will apply subject to section of the Act
#@ S SHANAPINDA CampXHIEF EXECampXUTIVE OFFICampXER