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Defence Act, 2002 (Act No. 42 of 2002)

Chapter 6 : Defence Intelligence

41. Review by Review Board

 

1) The Review Board must review any objection referred to it in terms of section 39(4)(c) and may direct the Secretary for Defence to investigate any aspect under review further and to submit its findings and recommendations to the Review Board.

 

2) The Review Board may—
a) confirm the determination in question; or
b) set aside such determination and substitute any determination which could have been made by the Secretary for Defence.

 

3) Section 39(2) and (3) applies with the necessary changes to any determination made by the Review Board in terms of this section.

 

4) The Secretary for Defence must amend or cancel the certificate referred to in section 37(5)(a) so as to reflect the determination made by the Review Board in terms of subsection (2).