The Appeal Tribunal is a tribunal of record established under the Fair Trading Commission Act 2009. An appeal to the tribunal can be made by a party that is dissatisfied with an order or direction of the Commission under either the Fair Competition Act 2009 or the Consumer Protection Act 2010.
The tribunal consists of a chairperson who is an Attorney at Law and 3 other members who have knowledge and experience in business, consumer affairs and economics. The Tribunal may hear appeals without procedural formality but must observe natural justice. The Tribunal allows parties to submit written submissions and make oral submissions based on the grounds of appeal made by the appellant.
When dealing with an appeal the Tribunal may:
• Confirm, quash or vary the decision of the Commission
• Remit the matter to the Commission for reconsideration and determination with directions from the tribunal
• Gives directions to the Commission for the purpose of giving effect to its decision
When making a ruling on an appeal, the Tribunal must state: whether the decision was a unanimous one and reasons for the decision. The tribunal may also order that a party pay costs incurred should that party withdraw their appeal before the tribunal disposes of it or if the Tribunal disposes of the appeal.
The Appeal Tribunal has been in operation since February 2013.
Mr. Kieran Shah
Mr Kieran Bhogilal Shah is a Barrister, Attorney-at-law and a Notary Public. He has been in legal practice for 40 years and has been appointed by the Bar Association of Seychelles as a Senior Counsel since 2009. He was the former President of the Bar Association of Seychelles and is presently the Chairperson of the Fair Trading Commission’s Appeal Tribunal. He is currently a member of the Board of Examiners for the Seychelles Bar vocational examinations.
Current Place of Work: Department of Tourism at the Ministry Of Tourism, Civil Aviation, Ports and Marine
Current Occupation: Director – Tourism Human Resource Development
Career History: Started work as a Geography and History Secondary School Teacher in January 2007. Have worked at Mont Fleuri and Pointe Larue Secondary School. Then moved to the Seychelles Tourism Academy since 2012 to December 2017 before being transferred to the department of Tourism in January 2018.
Qualifications: Currently has a Master of Education and having majored in Leadership and Management and also a Bachelor of Education (Secondary), majoring in History and Geography.