35 Effect of orders of tribunal, and supplementary provisions relating thereto
(1)
Any person who complies with the conditions of an order made by the tribunal under
this Chapter or who has given a satisfactory undertaking to the owner or prospective
owner of the copyright to comply with such conditions, shall be deemed to be the holder
of a licence under this Act.
(2)
In the exercise of its jurisdiction in respect of licences relating to television broadcasts,
the tribunal shall have regard inter alia to any conditions imposed by the promoters of
any entertainment or other event which is to be comprised in the broadcasts, and in
particular the tribunal shall not hold a refusal or failure to grant a licence to be
unreasonable if it could not have been granted consistently with those conditions.
36 Appeals
(1)
Any party to proceedings before the tribunal may appeal against any order or decision
of the tribunal pursuant to such proceedings.
(2)
Every appeal shall be noted and prosecuted in the manner prescribed by law for appeals
against a civil order or decision of a single judge, and sections 20 and 21 of the
Supreme Court Act, 1959 (Act 59 of 1959), shall apply mutatis 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 the matter to the tribunal with instructions in
regard to the taking of further evidence or the setting out of further information;
(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 be possible 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 125 of 1992.]
Source: http://www.wipo.int/portal/es/