Article 16 Re-calling witnesses to give evidence before the appellate court
No witness who gave evidence before the tribunal may be called to give oral evidence to the appellate court without permission from the Provincial Registrar, the Dean or the appellate court.
Where a respondent is appealing against a finding of fact and proposes that any witness who gave evidence to the tribunal should give oral evidence to the appellate court, at least 14 days before the directions hearing he or she shall give to the Designated Officer and to the Provincial Registrar (or the Dean where the matter has been referred to the Dean under rule 11(2)) notice in writing of the intention to ask for permission.
The notice in sub-rule (2) shall set out—
the name of any witness the respondent proposes should give evidence to the appellate court,
the reasons why it is considered necessary for the witness to give evidence to the appellate court.
The appellate court may at any stage give permission under sub-rule (1).
Permission under sub-rule (1) shall not be granted unless the Provincial Registrar, the Dean or the appellate court, as the case may be, is satisfied that the evidence is necessary for the just disposal of the appeal.