Section 47
Notification of dispute and binding decision by the Commission
of Electricity Supply Enactment 2024
Any party to a dispute may, in writing, notify the Commission of the dispute which the parties to the dispute had failed to resolve by negotiation under subsection 46(1).
(2)
The committee established by the Commission under subsection 46(2)
shall only be convened to resolve a dispute if the Commission is satisfied that —
(a)
an agreement to resolve the dispute will not be reached or will not be reached within a reasonable time; and
(b)
the dispute and its notification is not trivial, frivolous or vexatious.
(3)
The committee may resolve the dispute upon such terms and conditions as it thinks fit.
(4)
The terms and conditions under subsection (3) shall be in writing and accompanied by the grounds for the committee’s decision.
(5)
The committee’s decision shall be deemed as a decision of the
Commission and be binding on the parties.
(6)
A decision made by the Commission under this section may, by leave of the Sessions Court, be enforced in the same manner as a judgment or order to the same effect by the Sessions Court, and where leave is so given, judgment may be entered in terms of the decision of the Commission and as if the decision was a judgment of such Court.
(7)
The judgment under subsection (6) can only be entered if a certificate has been issued by the Commission to any party for leave to proceed to the
Court for the enforcement of the decision but no certificate is required if an action is taken by the Commission under this section.
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