SUPPLEMENTARY PROCEDURE

1 Scope

Downloadable Version (.pdf 209KB) Downloadable copy of Supplementary Procedure

(a) Relationship to Regulations. This Supplementary Procedure is to be read and used in connection with the .ZA Alternate Dispute Resolution Regulations, promulgated by the Department of Communications on the 22nd of November 2006 in term of Government Gazette 29405 (the "Regulations").

(b) Version of Supplementary Procedure. The version of the Supplementary Procedure as in effect on the date of the submission of the Complaint shall apply to the administrative proceedings commenced thereby.

2 Definitions

Any term defined in the Regulations shall have the same meaning in this Supplementary Procure, together with the following additional definitions:

"SAIIPL" means the South African Institute of Intellectual Property Law.

3 Communications and Archive

(a) Subject to the provisions of paragraphs 15 and 22(2) of the Regulations, except where otherwise agreed beforehand with the SAIIPL, any submission that may or is required to be made to a Provider or to an Adjudicator may be made:

(i) by fax transmission using the fax number specified by the SAIIPL;
(ii) by electronic mail (e-mail) using the address specified by the SAIIPL; or
(iii) by registered post using the address specified by the SAIIPL. 

(b) E-Mail Address. For the purposes of any communications by electronic mail to the SAIIPL, including those required under paragraph 15 of the Regulations, the following address should be used: admin@DomainDisputes.co.za

(c) Fax Number. For the purposes of any communications by fax transmission to the SAIIPL, including those required under paragraph 15 of the Regulations, the following number should be used: +27 (0)12 803 4697

(d) Postal Address: For the purposes of any communications by post to the SAIIPL, including those required under paragraph 15 of the Regulations, the following address should be used: P O Box 11272, Hatfield, 0028, Pretoria, South Africa

(e) Physical Address: For the purposes of any communications by courier to the SAIIPL, including those required under paragraph 15 of the Regulations, the following address should be used:


Attention: The Administrator DomainDisputes.co.za
COZA House
Gazelle Close
Corporate Park
Midrand


(f) Copies. When a paper submission is to be made to the SAIIPL, it shall be submitted in triplicate, one version being the signed original.

(g) Archive. The SAIIPL shall maintain an archive of all communications received or required to be made under the Regulations.

4 Commencement of Dispute

(a) Explanatory Coversheet. In accordance with the provisions of paragraph 17(2) of the Regulations, the SAIIPL shall send or transmit to the Registrant a copy of the Complaint together with an Explanatory Coversheet (see Annex A) and a Notification of Commencement of the Dispute (Annex B).

(b) 2nd Level Domain Administrator Notification. In accordance with the provisions of paragraph 17(6), the SAIIPL shall notify the relevant 2nd level domain administrator of the commencement of the Complaint and will request that further transfers for the domain name concerned be suspended. Such Notification shall form part of the Notification of Commencement of the Dispute (Annex B).

5 Formalities Compliance Review

(a) Deficiency Notification. Subject to the provisions of paragraph 17, the SAIIPL shall, within five (5) days of receiving the Dispute, review the Dispute for compliance with the formal requirements of the Regulations and this Supplementary Procedure and will notify the Complainant of any deficiencies therein.

(b) Withdrawal. If the Complainant fails to remedy any deficiencies identified by the SAIIPL within the time period provided for in paragraph 17(4) or 17(5) of the Regulations (i.e. five (5) or ten (10) days as the case may be), the SAIIPL shall notify the Complainant, the Respondent and the relevant 2nd Level Domain Administrator of the deemed withdrawal of the complaint.

(c) Fee Refunds. Unless the Complainant confirms its intention to re-submit a Complaint to the SAIIPL following a deemed withdrawal, the SAIIPL shall refund the fee paid by the Complainant pursuant to the provisions of paragraph 31 of the Regulations.

6 Appointment of Case Administrator

(a) Notification. The SAIIPL shall advise the Parties of the name and contact details of a member of its staff who shall be the Case Administrator and who shall be responsible for all administrative matters relating to the Complaint and communications with the Adjudicator.

(b) Responsibilities. The Case Administrator may provide administrative assistance to the Adjudicator, but shall have no authority to decide matters of a substantive nature concerning the Dispute.

7 Adjudicator Appointment Procedure and Policy

(a) Panel of Adjudicators: The SAIIPL's panel of Adjudicator's, together with their qualifications, is available on the SAIIPL's ADR website (www.DomainDisputes.co.za). 

(b) Senior Adjudicator in the event of a 3 (three) person Adjudicator panel: The first Panelist appointed in accordance with paragraph 20(4) and 20(6) of the Regulations shall be the Senior Adjudicator, who shall preside over the Complaint.

(c) Further to the provisions of paragraph 21 of the Regulations, no Adjudicator will be appointed to preside over a complaint where the appointment will potentially lead to a conflict. The SAIIPL will only appoint neutral and impartial Adjudicator's to preside over a particular complaint, and will in this regard adhere to paragraph 7 of the SAIIPL's code of ethics (https://www.DomainDisputes.co.za/downloads/code_of_ethics.pdf). 

8 Fees

The applicable fees for the SAIIPL's administration of a domain name dispute in accordance with the Regulations will be posted on the SAIIPL's ADR Zone web site from time-to-time.

9 Word Limits

(a) The word limit for the submission of a Complaint or a Response, as regulated by the provision of paragraph 16(2)(o) of the Regulations, shall be 5,000 words.

(b) The word limit for the submission of an Appeal or an Appeal Response, as regulated by the provisions of paragraph 32(3) and 32(6) of the Regulations, shall be 3,000 words.

10 Resubmissions

(a) Any allegation that a Dispute constitutes a resubmission shall not prevent the Dispute from being referred to an Adjudicator for adjudication, the Case Administrator having no right to dismiss a Dispute on this basis alone.

(b) An Adjudicator will, subject to the provisions of Regulation 11(5) and 11(6), consider whether or not a Dispute constitutes a resubmission and will disclose his/her finding in the Decision. 

11 Extensions

(a) The Case Administrator may, in his/her discretion, allow limited extensions of time periods on good cause shown by the requesting party.

(b) The Case Administrator shall act strictly in granting any extensions, and will remain mindful of the fact that the Regulations are intended to provide an efficient and expeditious means to resolving domain name disputes. 

12 Suspension of Dispute

(a) Subject to the provisions of Regulation 31, the Case Administrator or Adjudicator (as the case may be) may suspend a Dispute if both parties have requested a suspension in writing.

13 Appeals

(a) Subject to the provisions of paragraph 30(2) and 32(2) of the Regulations, a Party wishing to appeal against the decision of a single Adjudicator, may do so by providing the SAIIPL with written notice of its intention to appeal within 4 (four) Days of receiving the decision notification. The effect of such notification will be to 'freeze' the decision implementation process, pending receipt of the appeal notice. 

(b) Subject to the provisions of paragraph 32(1) of the Regulations and the provisions of this Supplementary Procedure, a Party who has given notice of its intention to appeal must lodge an appeal notice, containing detailed grounds and reasons for the appeal, with the SAIIPL. 

14 Amendments


Subject to the provisions of the Regulations, the SAIIPL may amend this Supplementary Procedure in its sole discretion, and shall post any such amendment on its site from time-to-time.

15 Exclusion of Liability

Except in respect of deliberate wrongdoing, an Adjudicator or the SAIIPL shall not be liable to a party for any act or omission in connection with the administration of a Complaint in accordance with the provisions of the Regulations.


Compiled on behalf of the Council of the South African Institute of Intellectual Property Law