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Cap. 551 · Environment And Planning Review (Cap. 551)

Cap. 551 ст. 9Principles of good administrative behaviour.

PART II

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(1) In its relations with the public, the Tribunal shall adhere to and apply the principles of good administrative behaviour.

(2) The principles of good administrative behaviour include the following:

(a) the Tribunal shall respect the parties’ right to a fair hearing, including the principles of natural justice, namely:

(i) and nemo judex in causa sua,

(ii) audi et alteram partem;

(b) the time within which the Tribunal shall take its decisions shall be reasonable depending on the circumstances of each case. The decision shall be delivered as soon as possible and for this purpose the tribunal shall deliver a single decision about all matters involved in an appeal before it whether they are of a preliminary, substantive or procedural nature: Provided that whenever pleas of a peremptory nature arise, the Tribunal may decide before any other matter to hear the evidence of the parties and give a decision, limitedly on the matter, and a decision given by the Tribunal shall be deemed final and subject to appeal within twenty (20) days of its award, before the Court of Appeal in terms of article 52 of the Act.

(c) the Tribunal shall ensure that there shall be procedural equality between the parties to the proceedings. Each party shall be given an opportunity to present its case, whether in writing, or orally, or both, without being placed at a disadvantage;

(d) the Tribunal shall ensure that the Planning Authority makes available to the parties to the proceedings, the documents and information relevant to the appeal;

(e) proceedings before the Tribunal shall be adversarial in nature. All evidence admitted to the tribunal shall, in principle, be made available to the parties with a view to adversarial argument;

(f) the Tribunal shall be in a position to examine all of the factual and legal issues relevant to the appeal presented by the parties in terms of the applicable law;

(g) save as otherwise provided by law, the proceedings before the Tribunal shall be open to the public;

(h) the Tribunal shall indicate, with sufficient clarity, the grounds on which it bases its decisions. It shall not be necessary for the Tribunal to deal with every plea raised, provided that where a plea would, if accepted, be decisive for the outcome of the appeal, such a plea shall require a specific and express consideration.

История изменений
  • Amended by XXI.2021.3