Copyright Review Commission Report - ICT Law and Regulation ...

(4) Where an organization (whether claiming to be representative of persons requiring licences or not) or a person(whether requiring a licence or not) applies to the tribunal to be made a party to an application under subsection (2)or (3), and the tribunal is satisfied that the organization or person has a substantial interest in the matter in dispute,the tribunal may if it thinks fit make that organization or person a party to the application.(5) On any application under subsection (2) or (3) the tribunal shall give the applicant and the licensing body inquestion and every other party to the application an opportunity of presenting his case, and if the tribunal is satisfiedthat the claim of the applicant is well-founded, it shall make an order declaring that, in respect of the mattersspecified in the order, the applicant is entitled to a licence on such terms and conditions and subject to the paymentof such charges (if any) as the tribunal may—(a)in the case of an application under subsection (2), determine to be applicable in accordance with thelicence scheme; or(b)in the case of an application under subsection (3), determine to be reasonable in the circumstances.(6) Any reference in this section to failure to grant or procure the grant of a licence shall be construed as including areference to a failure to grant it or to procure the grant thereof within a reasonable time after being requested to doso.36. Appeals(1) Any party to proceedings before the tribunal may appeal against any order or decision of the tribunal pursuant tosuch proceedings.(2) Every appeal shall be noted and prosecuted in the manner prescribed by law for appeals against a civil order ordecision of a single judge, and sections 20 and 21 of the Supreme Court Act, 1959 (Act No. 59 of 1959), shall applymutatis mutandis.(3) The court may in respect of any such appeal—(a)confirm, vary or set aside the order or decision appealed against, as the court may deem fair;(b) if the record does not furnish sufficient evidence or information for the determination of the appeal, remit thematter to the tribunal with instructions in regard to the taking of further evidence or the setting out of furtherinformation;(c) take any other course which in the opinion of the court is fair and may lead to the speedy and as far as may bepossible Inexpensive settlement of the case; and(d)make such order as to costs as the court may deem fair.[S.36 substituted by s.28 of Act No. 125 of 1992.]- 187 -