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Property Practitioners Act, 2019 (Act No. 22 of 2019)

Chapter 5 : Compliance and Enforcement

31. Adjudication Appeal Committee

 

(1) Any person who is aggrieved by the decision of the adjudicator in terms of section 28 may appeal against such decision to the Adjudication Appeal Committee in the prescribed format.

 

(2) The Authority must, within 14 days of the date on which it received the notice of appeal in terms of subsection (1), establish an Adjudication Appeal Committee consisting of three independent suitably qualified persons to hear the appeal.

 

(3) Within 14 days of the appointment of the Adjudication Appeal Committee, the Adjudication Appeal Committee must—
(a) give notice of the appeal as prescribed to all parties concerned; and
(b) set the matter down for hearing within 60 days.

 

(4) The appeal must be held expeditiously, subject to upholding the rules of natural justice and in accordance with prescribed procedure.

 

(5)

(a) The Adjudication Appeal Committee must upon conclusion of the appeal make a determination as to whether the complaint is upheld or not.
(b) If the complaint is upheld, the Adjudication Appeal Committee must make an order which in the circumstances is appropriate, and such an order has the status of an order of a magistrate’s court and must be executed accordingly.

 

(6) The Adjudication Appeal Committee must upon finalisation of the appeal process provide written reasons for any of its determinations or orders.

 

(7) The Authority must keep the records of all appeals, including the order made and written reasons provided by the Adjudication Appeal Comittee, as prescribed.