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Customer Rights & Obligations
Customer Complaints Handling Procedure
Complaints Resolutions
Form for Customer Complaints
 
 
   
   
 

Complaints Resolutions

 

The LEWA Act authorises LEWA to resolve disputes between licence holders themselves, and between licence holders and their consumers. LEWA therefore has wide powers to resolve disputes. The LEWA Act does not define a particular type or class of dispute, which LEWA is authorised to resolve, neither does it spell out the process to be used. This, therefore gives LEWA some flexibility to determine what type or class of disputes it will resolve, and how it should go about achieving it. Although there is always room for interpreting the LEWA Act to clarify LEWA's role (which can be express or implied), this is constrained by the normal legal principle that statutory bodies are confined by their powers as set out in their founding legislation.


LEWA may therefore, at the request of any licensee or its consumer, resolve disputes between licensees themselves or between licensees and their consumers. It may elect to resolve these disputes by mediation (bringing the parties in disagreement to agree on a solution to their dispute by themselves) or it may decide to arbitrate ( a legal process that determines which party is at fault).

The LEWA Act makes it compulsory for  LEWA to arbitrate or mediate in any matter. LEWA has powers to decide what types of disputes fall within its responsibilities to resolve, and what types of disputes must be resolved elsewhere i.e. through the courts or some other legal avenue. The rules  LEWA has put in place set out the way in which  LEWA intends resolving disputes referred to it. For example, the procedure provides that:

  • Prior to accepting the responsibility of resolving a dispute, LEWA elects to mediate or arbitrate in the matter

  • If it decides to arbitrate, LEWA has to insist that the parties must agree to comply with the Dispute Rules

  • The Dispute Rules spell out the role of  LEWA, the procedure (process) that  LEWA wishes to follow in arbitrating in the matter, the rules of the arbitration, the effect of the ruling by LEWA  (i.e. that it can be made an order of court that can be enforced) and how to deal with costs of the arbitration, and whether the successful party can recoup its costs from the unsuccessful party


The decisions of  LEWA are not subject to direct appeal to the Minister (of Energy, Meteorology and Water Affairs) as the Authority does business on behalf of the Minister. But there are two instances where  LEWA's decisions can be challenged. The first is where a decision of  LEWA is taken on review to the High Court (e.g. where LEWA has failed to follow its own procedures, or acted outside of its powers). The second is where certain decisions of  LEWA (related to licensing conditions) are disputed and hence are subject to arbitration at the discretion of the affected party.

The Authority has published the LEWA Complaints Handling Procedure to assist customers with how to, file their queries or complaints. It must, however, be noted that LEWA deals expeditiously with complaints or queries that have first been referred to licensees (for instance LEC and/or WASCO), and have not been resolved to satisfaction of complainants.

Resolved Complaints

Date Resolved Complaint Format
16 Aug 2013 Lenka C Lenka
30 May 2014 Rantseli vs WASCO
   
 
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