| 1) |
An appeal in terms of section 25 of the Act shall be noted within 20 days of the date of the order appealed against and a cross-appeal shall be noted within seven days of the noting of the first-mentioned appeal. |
| 2) |
An appeal or cross-appeal shall be noted by delivery, within the period prescribed in subregulation (1) to the clerk of the maintenance court concerned and to the other party, of a notice stating |
| a) |
whether the whole or part only of the order is appealed against and, if a part only, then what part; and |
| b) |
the grounds. of appeal, specifying the findings of facts or rulings of law appealed against. |
| 3) |
The officer who presided at an enquiry shall— |
| a) |
within 14 days of the noting of an appeal; or |
| b) |
if the proceedings at the enquiry were taken down or recorded in shorthand or by mechanical means, within 14 days after a transcription. of the shorthand. notes or mechanical record of the proceedings has been placed before such officer by the clerk of the maintenance court concerned, |
transmit to the clerk of the maintenance court a statement in writing setting out—
| i) |
the facts he or she found to be, proved |
| ii) |
his or her reasons for any’ finding of fact specified in the notice of appeal as appealed against; and; |
| iii) |
his or her reasons for any ruling on any question of law or for the admission or rejection of any evidence so specified, as appealed against. |
| a) |
The clerk of the maintenance court concerned shall, notwithstanding the provisions of regulation 24(3)(b), if the proceedings at an enquiry were taken down or recorded in shorthand or by mechanical means and an appeal has been noted, forthwith cause the shorthand notes or the mechanical record of the proceedings to be transcribed. |
| b) |
The person who noted an appeal shall bear the costs of the transcription contemplated in paragraph (a): Provided that if the maintenance officer is satisfied that such person is unable to pay the costs, the costs or part of it shall be paid by the State. |
| 5) |
After an appeal has been noted in terms of subregulation (1) the appeal shall be prosecuted as if it were an appeal against the decision of a magistrate in a civil matter and the rules regulating the conduct of the proceedings of the several provincial and local divisions of the High Court in so far as they relate to civil appeals from the magistrates courts shall, with the necessary changes, apply to any such appeal. |
| 6) |
The clerk of the, maintenance court shall transmit the record of the proceedings at the enquiry, certified by the presiding officer as a true record of proceedings, or a transcription of any shorthand notes or mechanical record of such proceedings, certified as prescribed by regulation 24(3)(c), to the registrar of the division of the High Court concerned within seven days of the receipt by him or her of a notice that the appeal has been set down for hearing. |
7)
| a) |
If the person in whose favour a maintenance order may be or was made notes an appeal or cross-appeal, as the case may be, and he or she cannot afford legal representation he or she shall inform the clerk of the maintenance court accordingly. |
| b) |
The clerk of the maintenance court shall— |
| i) |
inform the Director of Public Prosecutions concerned immediately of the appeal or cross-appeal and that the person in whose favour the maintenance order was made cannot afford legal representation; |
| ii) |
on receipt of the statement of the presiding officer referred to in subregulation (3) furnish the Director of Public Prosecutions concerned with a copy of all relevant documentation; and |
| iii) |
within seven days of the receipt by him or her of a notice that the appeal has been set down for hearing notify the Director of Public Prosecutions concerned accordingly. |
South African Institute for Drug Free Sport Act, 1997
