| (1) |
Any person, other than an employee of the Regulator or a supplier of goods or services to the Regulator, whose rights or legitimate expectations are adversely affected by a decision or directive of a railway safety inspector or any other employee of the Regulator, taken on behalf of the Regulator in the exercise of any power or performance of any duty in terms of this Act, may, subject to subsection (7), lodge an appeal against that decision with the CEO. |
| (2) |
An appeal lodged in terms of this section must— |
| (a) |
be lodged within 30 days from the date on which the decision was made known or of the directive issued by the railway safety inspector or employee, as the case may be, or such later date as the CEO permits; and |
| (b) |
set out the grounds of the appeal. |
| (3) |
After considering the grounds of appeal and the railway safety inspector’s or the employee’s reasons for the decision, the CEO must, within the prescribed period— |
| (a) |
confirm, set aside or vary the decision; or |
| (b) |
substitute the decision of the railway safety inspector or employee with the decision of the CEO. |
| (4) |
The CEO may not delegate his or her duties or powers in terms of this section to an employee of the Regulator below the rank of head of a division. |
| (5) |
The CEO must keep a record of an appeal lodged in terms of this section, and must— |
| (a) |
on request and at no charge, provide a party to the appeal with a copy of the record; and |
| (a) |
it is unclear whether a decision was taken by the CEO or an employee of the Regulator; |
| (b) |
the CEO or any person to whom he or she has delegated this function has a conflict of interest or is for any other reason not able to hear an appeal in terms of this section; or |
| (7) |
An appeal lodged as contemplated in subsection (1) does not prevent a person from obtaining urgent relief from a competent court of law. |
[Section 54 excluded from commencement date of 1 August 2025, as per Proclamation Notice 269, GG52947, dated 7 July 2025]
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