Skip Ribbon Commands
Skip to main content



 Right of appeal​​

Any person aggrieved by a decision of the Commissioner under this Act may, within 21 days from the date when the decision is made known to that person, appeal to the  Tribunal.
Special jurisdiction of Tribunal
(1) Subject to subsections (2) and (3), the Tribunal shall hear and dispose of any appeal under this Act.
(2) Sections 40 to 44 of the Information and Communication Technologies Act shall, as far as appropriate, apply to an appeal made under this Act and to such decision as  may be reached by the Tribunal on appeal under this Act.
(3) Sections 39 and 42(5) of the Information and Communication Technologies Act shall not apply to an appeal under this Act.
(4) Subject to subsection (5), every appeal under this Act shall be in such form and be accompanied by such fees as may be prescribed.
(5) The Tribunal may entertain an appeal after the expiry of the period of 21 days where it is satisfied that there was sufficient cause for not lodging the appeal within that  period.
(6) The Tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such orders as it thinks fit, confirming, varying or setting aside the decision appealed against.
(7) The Tribunal shall send a copy of every order made by it to the parties to the appeal.
(8) Any appeal lodged with the Tribunal under this Act shall be dealt with by it as expeditiously as possible and the Tribunal shall endeavour to dispose of the appeal   within 6 weeks from the date the appeal was lodged.  
(9) Any person who does not comply with an order issued by the Tribunal under subsection  (6) shall commit an offence.
(10) No appeal shall lie against any decision made by the Tribunal following a settlement reached with the consent of the parties or their representatives.
Prosecution and jurisdiction
(1) An authorised officer may swear an information in respect of an offence under this Act or any regulations made under it before a Magistrate.
(2) Notwithstanding any other enactment, the Intermediate Court shall have jurisdiction to try an offence under this Act or any regulations made under it.
(3) No prosecution shall be instituted under this Act except by, or with the consent of, the Director of Public Prosecutions.