Rule 40 Failure to comply with an order under rule 39
If the person to whom an order under rule 39 is directed fails to comply with the order without reasonable excuse and would, as a result, be in contempt of the President if the President had power to commit for contempt, the President may send the High Court a signed certificate stating the failure to comply.
The High Court may—
on receiving a certificate under paragraph (1), inquire into the alleged failure to comply, and
after hearing any witness for or against the person to whom the order is directed and any statement in defence, exercise the same jurisdiction and powers as if the person were guilty of contempt of the High Court.
If the complaint to which the order relates has been referred to a tribunal or court under section 27 (5) of the CCM, paragraphs (1) and (2) apply as if the references to the President of Tribunals were a reference to the tribunal or court (in so far as section 62 of the CCM would not otherwise apply to the failure to comply).