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National Heritage Resources Act, 1999 (Act No.25 of 1999)

Chapter III : General Provisions

Part 1 : Enforcement, appeals, offences and penalties

49. Appeals


(1) Regulations by the Minister and the MEC must provide for a system of appeal to the SAHRA Council or a provincial heritage resources council against a decision of a committee or other delegated representative of SAHRA or a provincial heritage resources authority.


(2) Anybody wishing to appeal against a decision of the SAHRA Council or the council of a provincial heritage resources authority must notify the Minister or MEC in writing within 30 days. The Minister or MEC shall then appoint an independent tribunal, consisting of three experts, having expertise regarding the matter.


(3) The tribunal contemplated in subsection (2), in considering the appeal referred to it by the Minister or the MEC, must have due regard to—
(a) the cultural significance of the heritage resources in question;
(b) heritage conservation principles; and
(c) any other relevant factor which is brought to its attention by the appellant or the heritage resources authority.